If you have been charged with domestic assault in Nebraska, you could be looking at serious penalties. A no-contact order may be put in place that prevents you from talking to or seeing your family. Since domestic violence is a serious charge that brings harsh consequences, it’s best to talk to a Nebraska domestic assault attorney for advice.
Having access to appropriate legal counsel may allow you to more effectively challenge the allegations against you. Working with a criminal defense lawyer in Nebraska can help you determine the best strategy for your specific case.
What is Domestic Assault in Nebraska?
In Nebraska, domestic violence is considered purposeful violence against a partner or somebody the abuser has or had some kind of romantic relationship with. As someone who has been charged with domestic assault, you need to understand the legal aspects of the charges and which penalties may follow. The more you know, the easier it is to defend the charges to access a decreased sentence.
Domestic assault charges may be filed against any person who has caused physical injury to their intimate partner. An intimate partner is someone who may be an ex-spouse, a current spouse, somebody they share children with, or someone they have dated in the past or are dating now. To be domestic assault, it had to have occurred both knowingly and intentionally or recklessly.
Understand The Three Degrees of Domestic Violence
Nebraska classifies domestic assault charges across three degrees based on the severity of injuries and type of violence. Third-degree assault is the least severe and refers to causing intentional bodily injury or threatening physical harm to an intimate partner.
The inflicted harm doesn’t need to be severe for it to be classified as third-degree domestic assault. This includes abrasions, cuts, bruises, and even just complaints of feeling pain. The charges are subjective since bodily harm can be considered non-severe or severe.
For second-degree domestic assault, a bodily injury must have occurred using a dangerous weapon or instrument. This could range from a baseball bat to a steel-toed boot. With weapons like knives and guns, this often carries more severe consequences.
First-degree domestic assault is the most serious of the three. It includes serious injury. Serious injury includes things like stab wounds, gunshot wounds, brain injuries or concussions, loss of limb, or permanent disfigurement.
Be Aware of Penalties for Domestic Assault in Nebraska
Third-degree domestic assault is considered a Class I misdemeanor. A conviction for this crime may result in a $1,000 fine, one year in jail, or both. Any subsequent offenses are considered a Class IIIA felony. This may lead to a $10,000 fine, three years of incarceration, and 18 months of supervision after prison time.
Second-degree domestic assault is a Class IIIA felony, punishable by up to 3 years in prison and 18 months post-release supervision but subsequent offenses are punishable by up to 20 years in prison.
First-degree domestic assault is a Class IIA felony, punishable by up to twenty years in prison but those who have prior convictions may receive a Class II felony charge instead which can result in a range of prison time from a single year up to 50 years.
For any type of assault that involves pregnant women, the offense is charged at the next higher level than it otherwise would be. Since even the least serious charge can result in fines and time in jail, having a domestic violence attorney to help you is essential.
What to Know About No Contact Orders
When a domestic assault case occurs, many criminal court judges will issue a no-contact order as a condition of bond. This is an order that usually prohibits any sort of contact between the person accused of the crime and anyone else involved in it. It’s important to be aware of what the order against you says so you don’t do something you are not allowed to.
The terms of an order can vary based on the case circumstances, but no-contact orders often prohibit both direct physical contact as well as indirect contact through third parties and even electronic communication.
If you violate a no-contact order, the judge can revoke your bond without a hearing, send you back to jail, and increase your bond.
In addition, oftentimes a person alleging abuse may seek a protection order from a court. If a protection order is granted the alleged abuser is often ordered removed from the home, and is prohibited from having any kind of contact with the person alleging the abuse. Violation of a Domestic Abuse protection order is punishable as a Class I Misdemeanor for first offenses and a Class IV felony for subsequent offenses
Choose an Experienced Domestic Violence Attorney in Nebraska
The most important thing to do if you have been charged with domestic assault is to contact an experienced attorney. These charges are serious and can have a huge impact on various aspects of your life. Choose an experienced lawyer who can help you build a strong defense for the road ahead.
The sooner you hire an attorney, the more time you have to build a case for yourself. Waiting too long to do so can weaken your defense and limit your options. If you have been charged with domestic violence in Nebraska, now is the time to speak to one of our experienced attorneys.