Assaults in the third degree, in the state of Nebraska, is defined as any instance when one person intentionally, knowingly, or recklessly causes bodily harm to another person, or when one person threatens another in a menacing manner. This crime can be tried as either a class one or class two misdemeanor dependant on the circumstances surrounding the assault. Third degree assault differs from first and second-degree assault in that it does not require proof of serious bodily injury, only proof of some bodily harm, which can be inferred from the evidence that the defendant intentionally struck the victim.
Class One Misdemeanor Vs. Class Two Misdemeanor
The determining factor as to whether or not a third degree assault case is tried as a class one or class two misdemeanor case is whether or not the defendant and the victim mutually consented to a fight or scuffle. In the case that both parties did consent, the case will be tried as a class two misdemeanor. However, the mental state of the defendant can void their consent to participate in the fight or scuffle. Nebraska assault in the third degree is the only assault charge that carries this exemption.
Were a defendant charged with assault in the third degree as a class one misdemeanor the possible sentences range from up to one-year imprisonment, or a one thousand dollar fine, or both at the maximum. There is no minimum sentence and the sentencing judge can fall anywhere between these two extremes. Were a case tried as a class two misdemeanor the sentences could range from six months imprisonment, or a one thousand dollar fine, or both. The minimum for a class two misdemeanor is no punishment as well. These sentences would be served out in a county jail, except for in select instances in which the sentence would be carried out under the jurisdiction of the department of correctional services. Those instances are, if the sentence is one year for a class one misdemeanor, if the sentence is to be served concurrently with a felony conviction, or if the department of correctional services has certified to the availability of services and programs for short-term prisoners, in this case the sentence must be at least six months.
Get the Criminal Defense Attorney that will Defend You.
Assault and battery laws are in place to protect people from unwarranted bodily harm. If you should ever find yourself facing an assault in the third degree charge, you may want to consult an experienced assault defense attorney early on in the process to ensure your rights are protected and to mount an effective criminal defense.
Petersen Criminal Defense Law has, since 1995, been protecting the rights of those accused of assault and battery. We have handled over six thousand cases and vigorously assert defenses to criminal charges. We are available 24 hours a day so call not to speak with an experienced Omaha criminal defense attorney.