(B) Negligent assault. 2C:12-1b(3) states that a person is guilty of a fourth degree crime if he "recklessly causes bodily injury to another with a deadly weapon.Third-degree assault is considered a Class A misdemeanor. It is defined as negligently causing injury using a deadly weapon or dangerous instrument. You will face a change of assault in the first degree if with intent to cause serious physical injury you seriously injure another person with a deadly weapon. Facing Assault With a Deadly Weapon Charges in New York? Call Lebedin Kofman LLP now at (646) 663-4430 to discuss your case and legal options. To be charged with assault, you don't have to make physical contact with the person or complete the action intended to cause them. 7619 Hwy 70 S, PO Box 210184, Nashville, TN 37221. A jury convicted him of Class D aggravated assault.