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 the law include:
- Spouses,
- Former spouses,
- People who have a child or children together even if they’re not married, and
- People involved in a dating relationship.
Second-degree domestic violence involves causing bodily injury to a partner or spouse while using a dangerous instrument.
Third-degree domestic violence involves:
- Intentionally and knowingly causing bodily injury to a partner or spouse,
- Threatening or intimidating a partner or spouse with imminent bodily injury, or
- Threatening an intimate partner in a menacing manner.
Each class of domestic violence carries different legal consequences and jail time.
Jail Time for Domestic Violence in Nebraska
Domestic violence jail time varies depending on the circumstances of the case and the severity of the crime.
Under Nebraska law, first-degree domestic violence is a Class IIA felony and carries legal penalties, including:
- A prison term of up to 20 years,
- Probation, and
- Possible fines and restitution.
Second-degree domestic violence charges are Class IIIA felonies with possible penalties including:
- Up to three years in prison,
- Post-release supervision for up to 18 months, and
- Fines of up to $10,000.
Subsequent second-degree domestic violence charges are punishable as Class IIA felonies with a prison sentence as long as 20 years.
Third-degree domestic violence charges are considered Class I misdemeanors. Possible penalties include:
- Up to one year in prison,
- Fines of up to $1,000, and
- Post-conviction supervision for up to nine months.
Domestic violence convictions can also affect other parts of your life, including:
- Jobs,
- Education, and
- Housing.
Hiring a skilled criminal defense attorney can help you avoid more serious consequences and help you return to normal life more quickly.
Defenses to Domestic Violence Charges
Whether someone serves jail time for a domestic violence charge often depends on the strength of their legal defense.
Certain facts and circumstances may help you reduce the severity of your penalty and possibly even avoid jail time.
Some possible legal defenses include:
- Self-defense,
- Insufficient evidence, and
- Faulty investigations.
The prosecution must prove beyond a reasonable doubt that you committed every element of your charges. However, building a strong defense requires extensive knowledge of the relevant law and the ability to articulate the defense in court.
A skilled criminal defense attorney has extensive experience handling cases like yours. Your attorney may discover weaknesses in the prosecution’s argument or missing or inadequate evidence and use that information to build your defense and protect your interests.
Hiring a lawyer will strengthen your ability to defend your rights and your freedom.
Contact a Qualified Criminal Defense Attorney Today
If you are facing domestic violence charges, you should contact the Petersen Law Office right away. Our skilled attorney Tom Petersen has handled over 6,000 criminal defense cases. He uses his significant experience to fight for and protect each of his clients’ interests. We provide hands-on legal services, and our experienced staff will guide you through every step of the legal process. For a free consultation, call our office at 402-235-4971 or fill out an online form today.
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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