Generally, simple assault is a threat of violence against another.
In Nebraska, simple assault is any assault that doesn’t involve the use of a firearm, knife, cutting instrument, or other dangerous weapon and that does not cause serious or aggravated injury to the victim.
Simple assault often occurs between spouses, parents and kids, friends, and siblings.
Simple assault also requires some physical act, such as raising a fist towards someone.
If charged with simple assault in Nebraska, you should contact an Omaha criminal defense attorney as soon as possible. A criminal defense attorney can potentially reduce or eliminate criminal charges.
What Are the Penalties for Simple Assault in Nebraska?
In Nebraska, simple assault is usually punished as a Class I misdemeanor. However, it can be a Class II misdemeanor when two people agree to fight by mutual consent.
The penalties for a Class I misdemeanor simple assault charge are up to one year in jail, a $1,000 fine, or both. The penalties for a Class II misdemeanor simple assault charge are up to six months in jail, a $1,000 fine, or both.
What Types of Actions Can Trigger a Simple Assault Charge?
There are generally three types of actions that can trigger a simple assault charge. A criminal defense attorney can help you understand whether your actions constitute simple assault. Below, we go over those three types of actions that can bring forth a simple assault charge.
Injuring Someone Knowingly or Intentionally
The first type of action that can trigger a simple assault charge is knowingly or intentionally causing injury to another. A person acts knowingly or intentionally when he or she intends to do the act and intends its consequence. For example, a person who intentionally strikes someone intending to injure them may face a simple assault charge.
Injuring Someone Recklessly
Acting recklessly may also subject you to a simple assault charge. A person acts recklessly when they disregard the risk and consequences of their actions. For example, simple assault may arise when a person pushes someone while getting off a crowded bus without regard for the other person’s potential for injury and the person is injured.
Threatening Someone With Violence
Finally, you might face a simple assault charge if you threaten a person in a menacing manner. Threatening someone in a menacing manner means to threaten someone with violence. The threat must also cause the victim to feel afraid that he or she is about to be physically harmed.
What Are Your Potential Simple Assault Defenses?
If charged with simple assault, you have the same defenses that apply to many other crimes. You could argue that you acted in self-defense—that your actions were justified because the other person was the initial aggressor. You could also argue that you acted in the defense of others or that you lacked the necessary intent for simple assault.
You should contact a criminal defense attorney today to find out which defenses might apply to your case.
What Should You Do If Charged with Simple Assault in Nebraska?
If you face a simple assault charge, you should talk to an Omaha criminal defense attorney. Tom Petersen at Petersen Criminal Defense Law has the skill and experience to provide a strong defense to your misdemeanor simple assault charge. Contact us today to schedule your free consultation.