Many states throughout the United States impose some version of a three-strike law. But what is the three-strike law, and what does it mean? A three-strike law is a criminal sentencing theory that imposes significantly harsher penalties—typically a life sentence—for the third violation of certain criminal offenses. A three-strike crime law aims to address misconduct by individuals who frequently break the law and appear undeterred by the typical prison sentence.  Three-strike laws have faced scrutiny for violating the Eighth Amendment of the Constitution, which bars cruel and unusual punishments. However, the Supreme Court has upheld three-strike laws based on the

Continue Reading Does Nebraska Have a Three-Strike Law?

•  

A terroristic threat conviction can upend your life. In fact, terroristic threatening is a felony under state law (Nebraska Statute 28-311.01) and a misdemeanor under federal law. Penalties vary widely depending on the circumstances and the court’s assessment of your intentions. The assistance of a seasoned criminal defense attorney is a necessity when you are faced with a terroristic threat charge.   What Constitutes a Terroristic Threat? What are terroristic threats? Following are a few examples: A threat of violence against an individual; A threat of violence against a group (calling in a bomb threat to a high school, for example);

Continue Reading Terroristic Threat Crimes Overview

•  

The term “computer crimes” encompasses a wide variety of offenses. The nature of these crimes does not vary much regardless of whether you live in Nebraska or a different state. Although federal authorities prosecute most computer crimes, the Nebraska Computer Crimes Act is one of the state computer crimes laws that grant Nebraska broad authority to prosecute computer crimes. Definition of Computer Crimes A computer crime is an offense using computer technology. The crime might involve theft, vandalism, child pornography, harassment, or other illegal activity. The only thread that binds these disparate offenses together is their use of computer technology.

Continue Reading What Are Common Types of Computer Crimes in Nebraska?

•  

When it comes to possession of a firearm while intoxicated, Nebraska has some of the most liberal firearm laws in the United States. Nebraska will not punish you harshly for the mere act of being drunk while possessing a firearm. In fact, depending on the circumstances it might not punish you at all. Penalties for Possession of a Firearm While Intoxicated Possession of a firearm while intoxicated is not a crime under Nebraska state law unless you conceal your weapon. If you conceal a firearm while intoxicated, one of two possible penalties may apply: If you have a permit to

Continue Reading What Are the Penalties for Carrying a Firearm While Intoxicated in Nebraska?

•  

If you face tampering with evidence charge, do not take it lightly. It is important that you understand how our judicial system defines this charge, what level of offense it is, and why you should immediately seek legal counsel. What Is Tampering with Evidence Nebraska law mandates a tampering with evidence charge against anyone who tries to impact a criminal case and: Destroys,  Mutilates,  Conceals,  Removes, or  Alters physical evidence. Law enforcement must also show that the person had the intent to try to change or make unavailable the evidence in a pending or prospective official proceeding.  Police may also

Continue Reading Tampering with Evidence Penalties in Nebraska

•  

Understanding Elder Abuse in Nebraska As the population of older adults continues to increase throughout the United States, the issues that matter to them are beginning to take center stage as well. Sadly, one of those issues is elder abuse. Whether you are a senior yourself or you are the loved one of someone who is a senior, it is imperative that you understand the laws relating to elder abuse. Toward that end, a Nebraska criminal defense attorney at Petersen Criminal Defense Law explains the elder abuse laws in Nebraska. What Is “Elder Abuse?” You likely have a fairly good

Continue Reading Is Elder Abuse a Crime in Nebraska?

•  

Not all criminal cases have a victim; however, in those that do, the alleged victim plays a critical role in the case. Whether the individual was allegedly the victim of a robbery, a domestic assault or any other type of crime, the importance of the victim’s cooperation is essentially the same. So, what happens if the victim recants? The Omaha criminal attorneys at Petersen Law Office explain what typically happens when a victim recants or refuses to cooperate. The Importance of a Victim There are several different ways in which criminal offenses can be categorized. One way is to divide

Continue Reading What Happens When a Victim Recants in Omaha?

•