Understanding violent crimes in Nebraska is absolutely essential, as these offenses are taken very seriously by both state and federal law enforcement, and a conviction can derail an individual’s life. These crimes, which can range from misdemeanors to more serious felonies, are heavily prosecuted to ensure public safety. Felonies, in particular, carry harsher punishments due to their significant impact on victims and the community. Below, Liberty Law Group will guide you through the different types of violent crimes recognized in Nebraska, the penalties they attract, and options for legal defenses. We’ll also explore alternatives to prison sentences and highlight the importance of immediately retaining a knowledgeable criminal defense lawyer if charged with domestic violence / family violence or another violent crime.

Omaha Violent Crime Defense Attorneys

At Liberty Law Group, our criminal defense attorneys are experienced at defending violent crime cases, from misdemeanor assault to murder.

Our team utilizes all extensive resources to planning and executing the most comprehensive defense strategy striving for the most favorable outcome possible for each client we represent.

Our firm proudly serves the communities of Omaha, Lincoln, Papillion, Council Bluffs and surrounding areas. Including the Nebraska counties of Douglas, Lancaster, Sarpy, Dodge, Saunders, and Cass as well as the Iowa counties of Pattawattamie, Harrison and Mills.

If you or a loved one has been arrested or has an active warrant for a violent criminal offense, don’t hesitate to contact our firm to request a free consultation to discuss your case with our attorneys.

• Specific Violent Crime Offenses Under Nebraska Law
• Criminal Penalties in Nebraska
• Enhanced Penalties for Hate Crimes
• Death Penalty in Nebraska
• Collateral Consequences of Violent Crimes Convictions
• How Violent Crimes Are Prosecuted
• Potential Defenses to Violent Crimes in Nebraska
• How a Criminal Defense Lawyer Can Help
• Additional Resources

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Specific Violent Crime Offenses Under Nebraska Law

• • Assault in the First Degree – According to Nebraska Revised Statute §28-308, assault in the first degree occurs when an individual knowingly or intentionally seriously injures another person. A serious bodily injury involves a risk of disfigurement or death or the loss of the function of any organ or other part of the body. This specific classification of assault in the first degree is deemed a Class II felony under the same statute.
  • Assault in the Second Degree – As defined by Nebraska Revised Statute §28-309, assault in the second degree occurs when a person either knowingly or intentionally causes injury to another person with a dangerous weapon, recklessly causes a serious injury with a weapon, or unlawfully strikes or wounds another under specific conditions. This crime is classified as a Class IIA felony according to the same statute.
  • Assault in the Third Degree – Under Nebraska Revised Statute §28-310, assault in the third degree is committed when a person causes bodily injury to another person or threatens another in a menacing manner. The classification of this offense is generally a Class I misdemeanor, but if the assault occurs in a fight entered into by mutual consent, it is classified as a Class II misdemeanor.
  • Assault by Strangulation – As per Nebraska Revised Statute §28-310.01, assault by strangulation is committed when a person knowingly and intentionally impedes another’s normal breathing or blood circulation by applying pressure on the throat or neck, or by covering the mouth and nose. This offense is classified as a Class IIIA felony but increases to a Class IIA felony if a dangerous weapon is used or attempted to be used during the offense, serious bodily injury results, or if the individual has a prior conviction for the same offense.
  • Terroristic Threats – According to Nebraska Revised Statute §28-311.01, terroristic threats are defined as threats made by an individual to commit a crime of violence with the intent to terrorize another, cause the evacuation of a building, place of assembly, or public transportation facility, or with reckless disregard of the risk of causing terror or an evacuation. This offense is classified as a Class IIIA felony.
  • Assault on an Officer or Health Care Employee in the First Degree – Under Nebraska Revised Statute §28-929, assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree is committed when an individual intentionally or knowingly causes serious bodily injury to these professionals while they are engaged in their official duties or, in the case of health care professionals, while on duty at a hospital or health clinic. This offense is classified as a Class ID felony.
  • Assault on an Officer or Health Care Employee in the Second or Third Degree – Assault on an officer in the second degree, as defined by Nebraska Revised Statute §28-930, occurs when a person intentionally or knowingly causes bodily injury with a dangerous weapon, or recklessly causes an injury, to a police officer, probation officer, firefighter, emergency care provider, state correctional or Department of Health and Human Services employee, or a health care professional. This offense is classified as a Class II felony. Assault in the third degree, as outlined in Nebraska Revised Statute 28-931, is committed when a person causes bodily injury to those professionals but without a dangerous weapon. The offense is classified as a Class IIIA felony.
  • Assault with a Bodily Fluid Against a Police Officer | Spitting on Police – Assault with a bodily fluid against a police officer, as defined in Nebraska Revised Statute §28-934, occurs when a person knowingly and intentionally strikes an officer with any bodily fluid. This offense is generally classified as a Class I misdemeanor. However, it escalates to a Class IIIA felony if the bodily fluid strikes the eyes, mouth, or skin of the officer, and the person committing the offense knew that the bodily fluid was infected with HIV, hepatitis B, or hepatitis C at the time of the offense.

• • Stalking – According to Nebraska Revised Statutes §28-311.03 and §28-311.04, stalking is committed when a person deliberately harasses an individual or their family or household member with the intent to terrify, injure, intimidate, or threaten. The offense is classified as a Class I misdemeanor. However, it escalates to a Class IIIA felony under certain conditions: if the individual has a prior conviction for stalking within the last seven years, if the victim is under sixteen years of age, if the individual possessed a deadly weapon during the violation, or if the individual has been convicted of a felony and the current or previous victim was the same person or a family or household member of that person.

• • False Imprisonment – As outlined in Nebraska Revised Statute §28-314, false imprisonment in the first degree occurs when an individual knowingly restrains or abducts another person either under terrorizing circumstances, circumstances that expose the person to the risk of serious bodily injury, or with the intent to subject them to forced labor. This form of false imprisonment is classified as a Class IIIA felony. Under Nebraska Revised Statute §28-315, false imprisonment in the second degree occurs when a person knowingly restrains another individual without legal authority but without the aggravating circumstances that would make it a first-degree offense. This act is classified as a Class I misdemeanor.

• • Child Abuse | Child Endangerment – According to Nebraska Revised Statute §28-707, child abuse is committed when a person causes or allows a minor child to be placed in a situation that endangers their life or health, is cruelly confined or punished, deprived of essentials, sexually exploited or abused, or made a trafficking victim. The classification of child abuse varies: it is a Class I misdemeanor when committed negligently without serious bodily injury or death; a Class IIIA felony if done knowingly and intentionally without causing serious bodily injury or death, or if negligently resulting in serious bodily injury; a Class IIA felony if negligently resulting in death; a Class II felony if knowingly and intentionally causing serious bodily injury; and a Class IB felony if knowingly and intentionally resulting in death.
  • Kidnapping – According to Nebraska Revised Statute §28-313, kidnapping means abducting another person or continuing to restrain an abducted person with intentions such as demanding ransom, using the person as a shield or hostage, terrorizing them or a third party, committing a felony, or interfering with a government or political function. The offense is classified as a Class IA felony. However, if the kidnapped person is voluntarily released or liberated alive in a safe place without serious bodily injury before the trial, the classification of the crime is reduced to a Class II felony.

• • Manslaughter – As defined by Nebraska Revised Statute §28-305, manslaughter occurs when a person kills another without malice (even intentions), either upon a sudden quarrel or unintentionally while committing an unlawful act. This offense is classified as a Class IIA felony.
  • Murder / Homicide – Murder in the first degree, according to Nebraska Revised Statute §28-303, is committed when a person kills another with deliberate and premeditated malice, during the execution of (or attempted execution of) certain serious crimes, or through perjury leading to the wrongful conviction and execution of an innocent person. The classification of this crime is either a Class I or Class IA felony.
  • Murder in the Second Degree – As outlined in Nebraska Revised Statute §28-304, murder in the second degree occurs when an individual intentionally causes the death of another person but does so without premeditation. This offense is classified as a Class IB felony.
  • Assisting Suicide – According to Nebraska Revised Statute §28-307, it is unlawful when a person, with the intent to help another individual in committing suicide, aids and abets them in committing or attempting to commit suicide. This act is classified as a Class IV felony.

• Resisting Arrest – Resisting arrest, as defined by Nebraska Revised Statute §28-904, occurs when a person intentionally prevents or attempts to prevent a police officer from making an arrest. This can involve using or threatening physical force or violence, employing means creating a substantial risk of physical injury, or using significant force to overcome the arrest. The classification of this offense is a Class I misdemeanor for the first occurrence and escalates to a Class IIIA felony for additional offenses. Additionally, if the resistance involves the use of a deadly or dangerous weapon, it is classified directly as a Class IIIA felony. An affirmative defense is available if the arresting officer was out of uniform and did not identify themselves as an officer.
• Criminal Attempt – Under Nebraska Revised Statute §28-201, criminal attempt occurs when a person intentionally engages in conduct that would constitute a crime if the circumstances were as believed by the person or takes a substantial step towards committing a crime with the intention of completing it. The law classifies criminal attempt based on the severity of the crime that was attempted. For instance, if the attempted crime is a Class I felony, the attempt is classified as a Class II felony. The classifications descend from there: a Class IIA felony for an attempt at a Class II felony, down to a Class III misdemeanor for an attempt at a Class II misdemeanor.
• Conspiracy – According to Nebraska Revised Statute §28-202, conspiracy is a crime where a person, intending to promote or facilitate the commission of a felony, agrees with one or more people to engage in conduct that would constitute the felony, and where any member of this agreement does something in furtherance of the conspiracy. The law classifies conspiracy as a crime of the same class as the most serious offense that is the object of the conspiracy, with the exception that conspiracy to commit a Class I felony is classified as a Class II felony.
• Accessory to a Felony – Under Nebraska Revised Statute §28-204, a person becomes an accessory to a felony if they intentionally try to hinder or prevent the discovery, apprehension, prosecution, conviction, or punishment of another person for a felony. This can include harboring the felon, providing aid (like weapons or transportation), concealing evidence, warning the felon about apprehension, providing false information to the police, or obstructing justice. If the primary felony is a Class I, IA, IB, IC, or ID felony, then being an accessory to it is classified as a Class IIA felony. The classification decreases in severity based on the classification of the primary felony, down to a Class I misdemeanor for accessory to a Class IV felony.
• Aiding Consummation of a Felony – Under Nebraska Revised Statute §28-205, aiding consummation of a felony occurs when a person intentionally helps another to hide, alter, or benefit from the proceeds of a felony. This includes actions like helping to conceal the gains from a felony, disguising them, or converting them in a way that allows the person who committed the felony to profit from their crime. The law classifies aiding the consummation of a felony as a Class IV felony, regardless of the class of the original felony.
• Murder or Manslaughter of an Unborn Child – As defined in Nebraska statutes §28-391 to §28-393, murder of an unborn child is the intentional killing of an unborn child through an act or conduct that causes the child’s death. First-degree murder of an unborn child involves deliberate and premeditated malice to kill the unborn child or the mother, knowing she is pregnant, and is classified as a Class IA felony. Second-degree murder of an unborn child occurs when there is intent to kill the unborn child or another person, but without premeditation, and is a Class IB felony. Manslaughter of an unborn child involves killing an unborn child without malice or unintentionally in the commission of another felony and is classified as a Class IIA felony.
• Assault of an Unborn Child – Under Nebraska Revised Statute §28-397 to §28-399, assault of an unborn child refers to causing bodily harm to an unborn child during an assault on a pregnant woman. First-degree assault of an unborn child involves intentionally or knowingly causing serious bodily injury to the unborn child during a criminal assault on the pregnant woman and is classified as a Class IIA felony. The second-degree offense occurs when a person recklessly injures an unborn child with a dangerous weapon during an assault and is classified as a Class IIIA felony. Third-degree assault of an unborn child involves recklessly causing serious bodily injury to the unborn child during an assault and is classified as a Class I misdemeanor.

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Criminal Penalties in Nebraska

Misdemeanor Fines and Jail Terms

According to Nebraska Revised Statute §28-106, the following penalties for misdemeanor offenses apply:

• Class V Misdemeanor – up to a $100 fine.
• Class IV Misdemeanor – up to a $500 fine.
• Class IIIA Misdemeanor – up to 7 days in jail and/or up to a $500 fine.
• Class III Misdemeanor – up to 90 days in jail and/or up to a $500 fine.
• Class II Misdemeanor – up to 6 months in jail and/or up to a $1,000 fine.
• Class I Misdemeanor – up to 1 year in jail and/or up to a $1,000 fine.

Misdemeanor charges are normally brought in county courts in Nebraska. For example, in Omaha, individuals face misdemeanor charges in Douglas County Court. In Lincoln, individuals face misdemeanor charges in Lancaster County Court.

Felony Fines and Jail Terms

According to Nebraska Revised Statute §28-105, the following penalties for felony offenses apply:

• Class IV Felony – 0-2 years in prison followed by 9-12 months of post-release supervision and/or up to a $10,000 fine.
• Class IIIA Felony – 0-3 years in prison followed by 9-18 months of post-release supervision and/or up to a $10,000 fine.
• Class III Felony – 0-4 years in prison followed by 9-24 months of post-release supervision and/or up to a $25,000 fine.
• Class IIA Felony – 0-20 years in prison
• Class II Felony – 1-50 years in prison
• Class ID Felony – 3-50 years in prison
• Class IC Felony – 5-50 years in prison
• Class IB Felony – 20 years to life in prison
• Class IA Felony – life in prison
• Class I Felony – death sentence

Felony charges are brought in district courts in Nebraska.

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Enhanced Penalties for Hate Crimes

Enhanced penalties for hate crimes, as defined by Nebraska Revised Statute §28-111, involve imposing a harsher punishment than normally imposed for certain crimes if they are committed because of the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability, or due to their association with people of these groups. Specifically, the law raises the penalty to the next higher classification than what is usually assigned for the offense. This enhancement applies unless the crime is already classified at a high level, such as a Class IB felony or higher. The crimes covered include a wide range, from manslaughter, various degrees of assault, and terroristic threats, to stalking, kidnapping, sexual assault, arson, criminal mischief, and certain types of trespassing.

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Death Penalty in Nebraska

Nebraska Revised Statute §28-105.01 establishes specific guidelines regarding the imposition of the death penalty. This law states that the death penalty cannot be imposed on individuals who were under 18 years of age at the time of committing the crime.

Further, the law prohibits the death penalty for individuals with an intellectual disability. Intellectual disability is defined in this context as significantly subaverage general intellectual functioning, along with deficits in adaptive behavior. A critical sign for this is an intelligence quotient (IQ) of 70 or below, which is considered presumptive evidence of intellectual disability.

In cases where a jury finds aggravating circumstances, or where a defendant waives the right to a jury determination of those circumstances, the law requires a pre-sentencing hearing upon request by the defense. This hearing is to determine if the death penalty should be precluded because of an intellectual disability. Even if the court rules that evidence of diminished intelligence does not preclude the death penalty, the defendant has the right to introduce evidence in the sentencing phase in hopes of avoiding the worst case scenario.

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Collateral Consequences of Violent Crimes Convictions

In Nebraska, individuals convicted of violent crimes face many collateral consequences beyond the immediate penalties of imprisonment, fines, or probation. These repercussions extend into various facets of their lives, often long after serving their sentence. Employment opportunities can be significantly limited, as employers are hesitant to hire individuals with any type of criminal record relating to violence. This challenge in securing employment can lead to long-term financial instability. Additionally, housing opportunities are affected, with access to certain types of housing and rental agreements often restricted for those with a violent crime conviction. Convicted individuals may also face restrictions on voting and gun rights. Personal relationships can also become damaged beyond repair.

Probation

In Nebraska, probation replaces jail time for certain violent offenders, letting them live in the community under specific conditions. Reserved mainly for non-habitual criminals, probation lengths vary up to five years for felonies and two years for misdemeanors. Conditions outlined in Nebraska Revised Statute §29-2262 include lawful behavior, family and work responsibilities, potential limited jail time, and avoiding specific places or people. Successful probation completion can lead to setting aside the conviction, which doesn’t fully erase the record. Failure to comply can lead to revocation and imprisonment.

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How Violent Crimes Are Prosecuted

In Nebraska, violent misdemeanors begin with a law enforcement investigation, leading to an arrest or summons and complaint. Following arrest, individuals have a bond hearing and arraignment in county court, where they plead guilty, not guilty, or no contest. Guilty or no contest pleas result in sentencing, potentially including fines, jail, or probation. If pleading not guilty, a bench or jury trial is scheduled, with a subsequent sentence if found guilty, or acquittal if not.

For felonies, the process starts similarly but escalates to district courts. After investigation and arrest or filing of a felony complaint, individuals face a bond hearing and preliminary hearing in county court. The case, if not dismissed, moves to district court, where the individual is arraigned and pleads, leading to a potential trial. Guilty verdicts involve a presentence investigation before sentencing. Acquittal follows a not guilty verdict.

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Potential Defenses to Violent Crimes in Nebraska

• Self Defense – Self-defense is a critical defense in Nebraska, particularly for violent crimes such as assault. This defense is applicable when the accused reasonably believed that their use of force was necessary to protect themselves from an imminent threat of harm. The force used must be proportional to the threat faced. Nebraska law requires that the belief in the necessity of self-defense must be reasonable under the circumstances, and the response must not exceed what would be considered necessary to address the perceived threat.
• Defense of Others – The defense of others is similar to self-defense and is used in cases where the defendant acted to protect another individual from immediate harm. This defense is contingent upon the defendant’s reasonable belief that the person they were defending was in imminent danger of harm, and the force used was proportional to the threat. The defendant’s action is judged based on their perception of the situation at the time of the incident.
• Insanity Defense – In Nebraska, the insanity defense is based on the defendant’s ability to understand the nature and quality of their actions or differentiate between right and wrong at the time of the offense. This defense is particularly viable in murder cases if the defendant was suffering from a severe mental disease or defect that impaired their judgment or control. The success of this defense typically requires substantial evidence from mental health professionals.
• Involuntary Intoxication – Involuntary intoxication can be a defense in Nebraska if the defendant was unknowingly or against their will subjected to intoxicating substances, which then impaired their ability to understand the nature of their actions or to control their behavior.
• Duress – The defense of duress is used in situations where the defendant committed a crime under immediate threat of force or serious harm. To successfully invoke this defense, the defendant must demonstrate a well-founded fear of imminent danger and a lack of a reasonable opportunity to escape or inform authorities.
• Lack of Intent – Lack of intent is a defense where the defendant argues that they did not have the mental state required in the law to commit the crime. In violent crime cases, this could mean that the defendant did not have the intent to harm or threaten another individual.
• Consent – Consent can be a defense in certain assault cases if the alleged victim voluntarily agreed to engage in an activity that could foreseeably result in injury. This defense is typically applicable in situations like sporting events or consensual physical encounters. However, consent is limited and cannot be used to justify actions that resulted in serious injury or were outside the scope of what was consented to.
• Lack of Evidence – The lack of evidence defense is grounded in the principle of ‘innocent until proven guilty.’ In this defense, the accused asserts that the prosecution has not met its burden of proof. This could be due to insufficient evidence, unreliable testimony, or the absence of important elements needed to establish the crime. In criminal trials, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, and a failure to do so can result in acquittal.

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How a Criminal Defense Lawyer Helps Individuals Charged with Violent Crimes in Nebraska

Guiding Through the Legal System

When an individual is charged with a violent crime, going through the legal system can be daunting. A criminal defense attorney acts as a guide, providing clarity and understanding. They explain the charges, the potential outcomes, and the legal procedures involved. This guidance is important in helping the accused understand their situation and the steps ahead in the legal case.

Formulating Defense Strategies

In cases of violent crime, a defense attorney analyzes the evidence and circumstances to develop a robust defense strategy. They examine the prosecution’s case for weaknesses and gather evidence to support their client’s defense. Their expertise allows them to craft legal arguments that could potentially lead to reduced charges or acquittal.

Negotiating Plea Bargains

Criminal defense lawyers usually engage in plea bargaining with prosecutors. This involves negotiating for reduced charges or lesser sentences in exchange for a plea of guilty. Their skill in negotiation can result in more favorable outcomes for their clients, offering an alternative to the uncertainties of a trial.

Upholding Constitutional Rights

A fundamental role of a criminal defense attorney is to protect the constitutional rights of the accused. They ensure that their client’s rights to a fair trial, legal representation, and protection against unlawful search and seizure are upheld.

Advocating for Mitigated Sentencing

In the event of a conviction, defense attorneys work to mitigate sentencing. They present factors such as the defendant’s background, lack of prior criminal history, or mitigating circumstances to argue for leniency. Their advocacy can lead to alternative sentencing options that focus more on rehabilitation than punishment.

Addressing Collateral Consequences

Convictions for violent crimes often come with collateral consequences that extend beyond legal penalties. Defense attorneys assist their clients in navigating these challenges, which include limitations on employment, housing, and civil rights. They also assist in efforts to expunge or seal criminal records when possible.

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Additional Resources

Nebraska Legislature: Discusses legal definitions of various violent crimes and their corresponding misdemeanor/felony classifications. The state also provides details on the minimum and maximum jail sentences that can be imposed. The laws also cover what elevates a standard criminal charge to a more serious charge, including enhancements to charges based on the victim’s status or identity.

University of Omaha on stalking and cyberstalking support: Gives definitions of stalking in common understanding and Nebraska law. Also includes links to resources for single parent support, bullying and hazing support, bias and hate incidents, and more.

Gun death statistics in Nebraska: Provides statistics and comparisons, such as noting that 74% of gun deaths in the state are suicide, while 22% are homicides, compared to national averages of 61% of suicide gun deaths and 36% as homicides. Also notes that the rate of gun deaths in the state went up 25 percent in the decade 2009 to 2018, compared to a national increase of 18 percent in the same time.

Death penalty opponents say it’s time for another statewide vote on the issue – Article by the Nebraska Examiner discusses Nebraska Senator Terrell McKinney and several organizations holding a press conference advocating for Legislative Resolution 17CA, which seeks to replace the death penalty with life imprisonment and will be voted on in 2024. This initiative comes six years after Nebraskans voted to restore capital punishment, contrasting with a national trend where support for the death penalty has decreased, and four states have repealed it since 2016. Advocates, including Curt Messner, whose sister was murdered, argue for repeal, citing moral and practical concerns, while former Attorney General Don Stenberg and others maintain that the death penalty is a just punishment for heinous crimes. The push for repeal highlights the ongoing debate and the potential shift in public opinion on capital punishment.

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Hiring a Violent Crime Defense Attorney | Liberty Law Group

At Liberty Law Group, our criminal defense attorneys are experienced in defending inviduals charged with all levels of violent crimes in Nebraska.

We are dedicated to providing the most comprehensive defense strategies for the most complex of cases.

Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County and the surrounding Nebraska counties of Dodge, Washington, Saunders, and Cass. We also represent people in Council Bluffs, Pattawattamie County, Iowa.

If you or a loved one has been arrested or has an active warrant for a violent crime, contact our office immediately at (402) 865-0501 to request a free and confidential consultation with one our attorneys.

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