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 in a dating relationship.
If you’ve been accused of or charged with domestic assault in Nebraska, you should contact a domestic violence attorney today.
Third-Degree Domestic Assault
Third-degree domestic assault is the least severe form of domestic assault. There are three ways that a person can commit third-degree domestic assault:
- Intentionally and knowingly causing bodily injury to his or her intimate partner;
- Threatening his or her intimate partner with bodily injury; or
- Threatening an intimate partner in a menacing manner.
A first offense of third-degree domestic assault is punishable as a Class I misdemeanor. A Class I misdemeanor carries a penalty of up to one year in jail and up to a $1,000 fine. A repeat offense based on either causing bodily injury or threatening bodily injury is a Class IIIA felony. A Class IIIA felony carries a punishment of up to three years in prison, a $10,000 fine, and up to 18 months of post-release supervision.
Second-Degree Domestic Assault
A second-degree domestic assault charge results when a person intentionally and knowingly causes bodily injury to an intimate partner with a dangerous instrument. A dangerous instrument is an object or weapon capable of causing serious bodily injury or death. Examples of dangerous instruments include:
- Guns,
- Knives,
- Phones,
- Baseball bats.
Second-degree domestic assault is punishable as a Class IIIA felony. A repeat second-degree domestic assault offense is punishable as a Class IIA felony. A Class IIA felony carries a punishment of up to 20 years in prison.
First-Degree Domestic Assault
First-degree domestic assault is the most serious form of domestic assault. A person may be charged with first-degree domestic assault if he or she intentionally and knowingly causes serious bodily injury to an intimate partner. First-degree domestic assault is punishable as a Class IIA felony. A repeat first-degree domestic assault charge is punishable as a Class II felony with a sentence of up to 50 years in prison.
How Can a Domestic Violence Attorney Help Me?
If you’ve been accused of or charged with domestic assault in Nebraska, hiring a domestic violence lawyer gives you the best chance of having your charges reduced or dropped.
An attorney can present potential defenses, such as:
- Self-defense,
- Defense of others, and
- Innocence.
If applicable to your case, a lawyer can investigate whether your intimate partner falsely accused you of domestic violence for another motive, such as gaining custody of children.
Tom Petersen at Petersen Criminal Law has been fighting for the rights of his clients since 1995. He will strive to get you the justice you need. Contact Tom today to schedule your free consultation.
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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