Omaha Criminal Defense Law Blog

Is Sexual Assault a Felony or Misdemeanor in Nebraska?

On behalf of Tom Petersen posted in Uncategorized on Wednesday, September 16, 2020

Nebraska classifies sexual assaults as either felonies or misdemeanors, depending on the facts and circumstances of each case. All sexual assault charges carry serious legal consequences. Contact a qualified criminal defense attorney today to explore your legal options and protect your rights and freedoms. What Is Sexual Assault in Nebraska? Sexual assault in Nebraska falls into two major categories: sexual assault and sexual assault of a minor. Generally, sexual assault involves unwanted sexual contact or penetration against another person’s consent. Sexual contact occurs when, for the purposes of sexual arousal or gratification, a person: Touches someone’s genitals or intimate parts

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Can You Move To Another State on Probation?

On behalf of Tom Petersen posted in Criminal Defense on Wednesday, September 16, 2020

There are many reasons for deciding to move to another city or state. Perhaps you’ve been hired for a new job. Maybe your partner or spouse has received a promotion but must relocate to accept. You may also have found an area that provides you with a better cost of living. However, if you are on probation, you may ask yourself whether you are permitted to move. If you move to another city or state, and your probation prohibits you from doing so, you could face serious consequences. Contact an experienced criminal attorney today to review your probation terms and

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How Long Can You Go to Jail for Domestic Violence in Nebraska?

On behalf of Tom Petersen posted in Domestic Violence in Nebraska on Tuesday, September 15, 2020

Convictions for domestic violence in Nebraska carry serious legal consequences, including lengthy sentences. A domestic violence conviction can follow you long after you complete your sentence and negatively impact your life for years. If you face criminal domestic violence charges, consider hiring a qualified criminal defense attorney who can help protect your rights and freedoms. What Is Domestic Violence in Nebraska? Domestic violence in Nebraska falls into three separate classifications and is governed by Nebraska Revised Statute 28-323. First-degree domestic violence occurs when someone intentionally or knowingly, causes serious bodily injury or harm to their intimate partner. Intimate partners under

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Jail Time for Child Molestation Charges in Nebraska

On behalf of Tom Petersen posted in Sex Crimes on Tuesday, September 15, 2020

If convicted of child molestation in Nebraska, you face a potentially lengthy prison sentence. Additionally, you may be required to register in the federal sex offender database. No other crimes carry such a damaging social stigma as sex crimes against children. If convicted, the damage has far-reaching consequences for your reputation. Contact the experienced legal team at Petersen Law today to review your options when facing child molestation charges. What Is Child Molestation? Federal and state laws define child sexual assault. Federal law establishes minimum standards; however, each state creates its own definitions of child sexual assault. In Nebraska, sex

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Nebraska Trespassing Laws

On behalf of Tom Petersen posted in Criminal Defense on Thursday, July 2, 2020

Nebraska landowners take their property rights seriously. After a harmless prank, you may find yourself facing trespassing charges. Criminal trespass charges might apply any time you’re on someone’s property without permission. If you face trespassing charges, you need an experienced criminal defense attorney. You don’t want these charges on your criminal record. Attorney Thomas Petersen at Petersen Criminal Law can help. Tom has represented thousands of clients who face criminal charges. He uses his extensive knowledge of Nebraska law to try to get your charges reduced or dismissed. Contact Tom for a free consultation, where you can discuss your trespassing

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What Is the Punishment for Hacking in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense on Wednesday, June 24, 2020

Hacking Laws and Punishment in Nebraska Over the last two decades, the United States – and much of the rest of the world – has become dependent on computers in all facets of daily life. The internet has become our information highway. The ubiquitous nature of computers has certainly enriched our lives; however, it has also led to a whole new type of criminal. “Computer crimes” is the fastest growing category of crimes in the U.S. Consequently, the laws are changing so fast that even the perpetrators may not know that what they are doing is illegal. An Omaha internet

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Is Domestic Violence a Felony or Misdemeanor in Nebraska?

On behalf of Tom Petersen posted in Domestic Violence in Nebraska on Wednesday, May 13, 2020

One of the most commonly charged crimes in Nebraska is domestic violence cases involving a domestic assault. The degree of a domestic assault charge determines whether it is a misdemeanor or felony. Whether the charge is in the first, second, or third-degree depends on factors such as: Whether the victim suffered bodily injury; The severity of the victim’s injuries; and Whether the accused used a dangerous instrument to harm the victim. Domestic assault applies when the victim is the accused’s “intimate partner.” An intimate partner includes: Spouses, Former spouses, People who have a child together, and People who were previously

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Are DUI Checkpoints Legal in Nebraska?

On behalf of Tom Petersen posted in DUI on Tuesday, April 14, 2020

DUI checkpoints are legal in Nebraska. A DUI checkpoint, also called a sobriety checkpoint, occurs when the police block a road and stop cars based on a pattern to check whether any drivers are over the legal intoxication limit. DUI checkpoints are legal because the importance of keeping intoxicated drivers off the road outweighs the inconvenience and intrusion of a motorists privacy. If charged with DUI in Nebraska as the result of a DUI checkpoint, you should talk to a Nebraska criminal defense attorney today. DUI Checkpoint Procedures There are several procedures which law enforcement officials must follow when conducting

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Can You Get DUI on a Bike in Nebraska?

On behalf of Tom Petersen posted in Criminal Defense on Tuesday, April 14, 2020

The State of Nebraska cannot charge you with DUI for riding a bike while intoxicated because DUI does not apply to bicycles. The Nebraska DUI statute applies only to motor vehicles. The statute states that it is unlawful for any person to operate or be in actual physical control of any motor vehicle while under the influence of any alcoholic liquor or drug. Nebraska defines a motor vehicle as any vehicle propelled by any power other than muscular power. The statute defining a motor vehicle specifically excludes bicycles. Although riding a bicycle while intoxicated cannot result in a DUI charge,

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Felony Conviction Consequences: What Are They?

On behalf of Tom Petersen posted in Uncategorized on Thursday, March 26, 2020

If convicted of a felony, serving your probation or prison sentence is not the only consequence. A criminal conviction stays on your record for life and affects your life after you serve your sentence. You may apply for a pardon after generally 10 years and a set aside of the conviction is available in Nebraska. However a set aside does not remove the conviction from your record but may benefit employment prospects. A felony conviction includes the loss of some basic rights of citizenship, employment, and education assistance through student loans. It also changes how society treats you. Convicted felons

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