Domestic assault in Nebraska is a serious offense involving harm or the threat of harm between intimate partners, such as spouses. Below, Liberty Law Group explains what the law means. This includes the penalties associated with the crime, some of the key defenses that might apply in domestic assault cases, and why individuals who are criminally charged should consult with a lawyer immediately. Understanding these details on domestic assault is essential, as the consequences of a conviction can be significant, affecting one’s freedom, reputation, and future.
Omaha Domestic Assault Defense Lawyers
Our experienced attorneys at Liberty Law Firm are dedicated to providing a tailored defense for every client. We are also dedicated to successful outcomes, compassion, and dedication to staying informed in the realm of domestic violence law.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, Nebraska and Council Bluffs in Pattawattamie County, Iowa and surrounding areas. Call our firm immediately at (402) 865-0501 to request a free consultation to discuss your case with an attorney. We are standing by and ready to help with your defense.
- How Nebraska defines Domestic Assault
- How Nebraska prosecutes Domestic Assault
- How lawyers can defend against Domestic Assault charges
- How lawyers can help someone charged with Domestic Assault
- Additional Resources
What is Domestic Assault in Nebraska?
Under Nebraska Revised Statute 28-323, domestic assault is an offense that occurs between intimate partners. The law defines three categories of domestic assault, each characterized by specific actions and intentions.
The first category, third-degree domestic assault, is defined by the following actions:
- Intentionally and knowingly causing bodily injury to an intimate partner.
- Threatening an intimate partner with imminent bodily injury.
- Menacing an intimate partner in a threatening manner.
The second category, second-degree domestic assault, involves a more severe act. It is characterized by the individual intentionally and knowingly causing bodily injury to an intimate partner with a dangerous instrument. A dangerous instrument refers to any object capable of causing serious injury when used in a certain way.
The most severe category, first-degree domestic assault, is defined by the individual intentionally and knowingly causing serious bodily injury to an intimate partner. “Serious bodily injury” means an injury that poses substantial risk of death, causes severe and lasting disfigurement, or results in long-term impairment.
An “intimate partner” includes a current or former spouse, individuals with a child in common, or those involved in a dating relationship. Notably, a dating relationship is characterized by frequent, intimate associations with an expectation of affection or sexual involvement. It does not include casual or business relationships.
What are the Penalties for Domestic Assault in Nebraska?
For third-degree domestic assault, the penalties depend on whether it’s a first or subsequent offense. A first-time offense involving bodily injury or threat of bodily injury is classified as a Class I Misdemeanor. This carries a penalty of up to one year in jail and/or a fine of up to $1,000. A subsequent offense is classified as a Class IIIA Felony, punishable by as much as three years in prison, 9-18 months of post-release supervision, and/or up to a $10,000 fine.
Second-degree domestic assault, which involves the use of a dangerous instrument to cause bodily injury, is classified as a Class IIIA Felony. The individual faces up to three years in prison, 9-18 months of post-release supervision, and/or up to a $10,000 fine. A second offense is a Class IIA Felony, which can result in a prison term of up to 20 years.
First-degree domestic assault, the most severe, involving serious bodily injury, is classified as a Class IIA Felony. The penalty for this category of offense is a prison term of up to 20 years. For repeat offenses, the classification rises to a Class II Felony, punishable by 1-50 years in prison.
In Nebraska, an individual charged with domestic assault may be eligible for probation as an alternative to jail time. Probation conditions can include community service, avoiding unlawful behavior, maintaining employment or education, and potentially attending rehabilitation or counseling sessions.
Furthermore, for cases of domestic assault, participation in certain pre-plea programs such as Intensive Supervision Diversion or Veterans Diversion in Lancaster County, or post-plea programs such as Veterans Treatment Court, is possible. Successful completion of such programs can lead to avoiding a jail sentence.
affection or sexual involvement. It does not include casual or business relationships.
Defenses to a Charge of Domestic Assault
In addressing charges of domestic assault, several key defenses may be considered. One primary defense is contesting the intent. Nebraska law requires the act to be “intentional and knowing.” If the defendant can demonstrate that the act was accidental or lacked intention, this could be a valid defense. For instance, if bodily injury occurred but was unintentional — perhaps in the course of an accident — this might negate the required element of intent.
Another significant defense is asserting self-defense or the defense of others. If the defendant can show that their actions were a reasonable response to protect themselves or someone else from immediate harm, this may serve as a valid defense.
In some cases, the defendant may argue that the accusations are false or result from mistaken identity. This involves demonstrating that the allegations are not true or that the defendant was not the individual responsible for the alleged assault.
While less common in domestic assault cases, the defense of consent may be applicable in certain situations. If it can be shown that the alleged victim consented to the conduct that led to the accusation, this might be used as a defense.
Another fundamental defense is simply that there is insufficient evidence to meet the prosecution’s burden of proving the defendant’s guilt beyond a reasonable doubt. This can involve challenging the credibility of witnesses, the admissibility or reliability of evidence, or highlighting inconsistencies in the prosecution’s case.
affection or sexual involvement. It does not include casual or business relationships.
What Does a Criminal Defense Lawyer Do for Someone Facing Charges of Domestic Assault?
A criminal defense lawyer in Nebraska plays a major role for individuals charged with domestic assault or other domestic violence offenses under Nebraska law. Their primary function is to provide legal representation and advice throughout the criminal justice process.
Initially, the lawyer reviews the charges and evidence. This involves analyzing police reports, witness statements, and any other relevant documentation. They advise their client on their legal rights and the implications of the charges they face. The lawyer then develops a defense strategy tailored to the client’s situation.
Negotiating with prosecutors is another critical aspect of their role. They may work towards plea bargains, which can result in reduced charges or lighter sentences. Lawyers also might pursue alternatives to incarceration, like probation or diversion programs.
Furthermore, they provide guidance during court proceedings. This includes representing the client at hearings, voicing objections to improper evidence or procedures, and cross-examining witnesses. If the case goes to trial, they present evidence and arguments to the jury, aiming to secure a favorable outcome.
affection or sexual involvement. It does not include casual or business relationships.
Additional Resources
Local Domestic Assault Victims Programs in Nebraska – WomensLaw.org, a non-profit organization, provides a list of local Nebraska programs specifically designed to assist victims of abuse. These programs, organized by county, offer referrals to those affected by domestic assault.
Shelters for Victims of Domestic Assault – Domesticshelters.org offers an online search tool to help victims of domestic assault find nearby shelter programs. In addition to assisting in locating shelters, the site also provides valuable information on how to identify abuse and access help.
Domestic Violence Laws in Nebraska – The official website of the Nebraska Legislature provides detailed information on all domestic violence laws in the state.
affection or sexual involvement. It does not include casual or business relationships.
Domestic Abuse Defense Lawyers Omaha | Liberty Law Group
Our experienced attorneys at Liberty Law Firm excel in criminal defense, boasting a proven history of success in similar cases. We prioritize personalized and empathetic representation, recognizing the sensitivity of domestic violence allegations. Stay confident with our firm, as we remain abreast of the latest legal developments, crafting tailored defense strategies for every client. Rely on our expertise, commitment to successful outcomes, compassion, and dedication to staying informed in the realm of domestic violence law.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, Nebraska and Council Bluffs in Pattawattamie County, Iowa and surrounding areas. Call our firm immediately at (402) 865-0501 to request a free consultation to discuss your case with an attorney. We are standing by and ready to help with your defense.
