In the state of Nebraska, domestic assault is defined as a purposeful act
of violence against an intimate partner or someone the abuser has or had
a romantic relationship with. When someone is facing charges for domestic
assault, it is important to understand everything possible about the legal
aspects of assault charges and what penalties may follow. The more the
accused party understands, the more prepared he or she can be to defend
against charges and obtain a reduced sentence.
Domestic Assault in Nebraska
In Nebraska, domestic assault charges can be applied to a person accused
of causing physical injury to his or her intimate partner. An intimate
partner in this case may include a spouse, ex-spouse, someone they share
children with, or someone they are dating or have dated in the past. The
physical harm committed must be intentional and knowingly or recklessly
caused in order for a domestic assault charge to be considered valid.
Three Degrees of Domestic Assault
Nebraska laws classify domestic assault charges in three different degrees
measuring the type of violence and the severity of injuries. Third degree
assault, the least severe charge, includes intentionally causing bodily
injury to an intimate partner or threatening physical harm. The harm inflicted
does not need to be serious for an altercation to be considered third
degree domestic assault. These usually involve injuries like bruises,
cuts, and abrasions. Because of the way in which bodily harm may be considered
“severe” or “not severe,” these charges are often
subjective.
Domestic violence in the second degree includes bodily injury inflicted
with a dangerous instrument or weapon. The instrument used could be anything
from a steel-toed boot to a baseball bat, though dangerous weapons like
guns and knives could result in more serious consequences.
Lastly, the most serious charge is first degree domestic assault, which
includes serious injury. Serious injury may comprise any harm that risks
death, causes permanent disfigurement, loss of limb, a concussion or brain
injury, a gunshot wound, or a stab wound.
Consequences of Domestic Assault Conviction
When convicted of domestic assault, the penalties vary depending upon the
degree of assault the defendant is charged with. The punishment will also
depend on whether or not the offender has been convicted of domestic violence
before, and what harm was inflicted previously.
Third degree domestic assault will result in:
- Class I Misdemeanor
- Up to one year in jail
- Up to $1,000 in fines
Or, if the offender has previously been convicted of domestic assault and
caused physical harm, the penalties could be:
- Class IV Felony
- Up to five years in prison
- Up to $10,000 in fines
Second degree domestic assault will result in:
- Class IIIA Felony
- Up to five years in prison
- Up to $10,000 in fines
Or, for a second offense:
- Class III Felony
- Up to 20 years in prison
- Up to $25,000 in fines
Third-degree domestic assault will result in:
- Class III Felony
- Up to 20 years in prison
- Up to $25,000 in fines
Or, for a second offense:
- Class II Felony
- Up to 50 years in prison
If you are facing domestic assault charges, it can be helpful to talk with
an attorney who understands the best defense techniques and the sentencing
guidelines. To speak with an experienced criminal defense lawyer, you can Contact Berry Law Firm
to speak with our attorneys and discuss your legal options.