You undoubtedly already know that the criminal offense of assault carried with it some serious penalties if convicted. This is, in part, because assault is considered a violent crime. If the victim of the assault was a law enforcement officer, as you can imagine, you are facing even harsher penalties for a conviction as an Omaha assault lawyer from Petersen Criminal Defense Law explains.
Assault of an Officer in the First Degree
Nebraska Revised Statute 28-929 governs assault on an officer in the first degree, reading as follows:
(1) A person commits the offense of 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 if:
(a) He or she intentionally or knowingly causes serious bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
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 shall be a Class ID felony. The penalty for a conviction of a Class ID felony in Nebraska is a mandatory three years in prison and up to a maximum of 50 years in prison.
Assault of an Officer in the Second Degree
Nebraska Revised Statute 28-930 governs assault on an officer in the second degree, reading as follows:
(1) A person commits the offense of 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 second degree if:
(a) He or she:
(i) Intentionally or knowingly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; or
(ii) Recklessly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
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 second degree shall be a Class II felony. The penalty for a conviction of a Class II felony in Nebraska is a mandatory one year in prison and up to a maximum of 50 years in prison.
Assault on an Officer in the Third Degree
Nebraska Revised Statute 28-931 governs assault on an officer in the third degree, reading as follows:
(1) A person commits the offense of 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 third degree if:
(a) He or she intentionally, knowingly, or recklessly causes bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
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 third degree shall be a Class IIIA felony. The penalty for a conviction of a Class IIIA felony in Nebraska is up to a maximum of three years in prison and 18 months post-release supervision.
Assault on an Office Using a Motor Vehicle
Nebraska Revised Statute 28-931.01 governs assault on an officer using a motor vehicle, reading as follows:
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle if:
(a) By using a motor vehicle to run over or to strike an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional or by using a motor vehicle to collide with an officer’s, an emergency responder’s, a state correctional employee’s, a Department of Health and Human Services employee’s, or a health care professional’s motor vehicle, he or she intentionally and knowingly causes bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle shall be a Class IIIA felony. The penalty for a conviction of a Class IIIA felony in Nebraska is up to a maximum of three years in prison and 18 months post-release supervision.
Contact an Omaha Assault Lawyer at Petersen Law Office
If you have been arrested for assault on a law enforcement officer in Nebraska, consult with an experienced assault attorney as soon as possible. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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