Section 28-310 - Assault in the third degree; penalty(1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or(b) Threatens another in a menacing manner.(2) Assault in the third degree shall be a Class I misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it shall be a Class II misdemeanor.Neb. Rev. Stat. §§ 28-310