An Overview of Nebraska Domestic Violence Charges
Upon conviction for domestic violence in Nebraska, you could face years in jail or prison, along with substantial monetary fines and fees.
You will also have a permanent criminal record that could negatively affect your life for decades.
A Nebraska criminal defense lawyer can help protect your legal rights and assist you in making the right decisions for your future and your family.
What Is Domestic Violence in Nebraska?
The Nebraska domestic violence laws categorize these offenses as any physical, emotional, economic, psychological, or sexual threats that are intended to manipulate or cause the victim:
- Injury, or
The law defines potential victims as:
- Former spouse,
- Co-parent, or
- Dating partner (current or former).
The type of charges you could face will depend on how the victim was affected.Third-degree domestic violence charges apply to any situation where a defendant:
- Intentionally and knowingly caused bodily injury to the victim;
- Threatened the victim with imminent bodily injury; or
- Threatened the victim in a menacing manner.
Second Degree Domestic violence charges that involve use a dangerous instrument such as a bat, or even a shoe or a phone are a Class IIIA felony and any subsequent violation is a Class IIA felony.
First-degree domestic violence charges apply to any situation where a defendant intentionally and knowingly caused serious bodily injury to the victim.
Penalties for a Nebraska Domestic Violence Conviction
The penalties you could face for a domestic crime conviction are severe, even for a first offense with no aggravating factors. Repeat offenses increase the potential penalties significantly.
A conviction on a third-degree domestic violence charge, a Class I misdemeanor, is punishable by up to one year in jail or prison and $1,000 in fines. A second third degree domestic assault is a Class IIIA felony punishable by up to two years in prison, a $10,000 fine and zero to nine months post release supervision unless the prior conviction was for threatening another in a menacing manner.. Post release supervision is very similar to probation.
A conviction for a domestic partner violence charge, a Class IIIA felony, is punishable by up to three years in prison, $10,000 in fines and between nine and 18 months post release supervision. Subsequent convictions are Class IIA felonies punishable by up to 20 years in prison.
A conviction on a first-degree domestic violence charge, a Class IIA felony, is punishable by up to 20 years in prison. Subsequent convictions are Class II felonies punishable by up to 50 years in prison.
If the victim was pregnant at the time of the assault, potential penalties will increase to the next level.
In addition to potential jail or prison time and monetary fines, the court may order you to pay restitution. Upon conviction, you will have a permanent criminal record that, in most cases, cannot be sealed or expunged. You could even lose your parental rights, along with your reputation and standing in the community.
One of the unusual penalties of being convicted of a domestic assault is that you would be banned from owing firearms for life under federal law found at 18 U.S.C. 922(g).
How a Criminal Lawyer Can Help
Sometimes good people make mistakes. In other cases, an angry or vindictive partner can exaggerate or make unfounded accusations. You could end up in jail or prison, even if the domestic partner is the only witnesses or evidence against you. Talking to a domestic violence attorney can help you protect your freedom and your future.
If you believe the police have persuasive evidence against you, you might be tempted to plead guilty—especially if the prosecutor tells you it’s the best way to put the incident behind you.
Before you make any decisions or agree to a plea deal, consider how a domestic violence attorney can help.
An experienced criminal defense attorney can investigate your case and uncover information that the police and prosecutor may have missed or disregarded. Your lawyer will fight to identify any potential motives of your accuser or violations of your legal rights.
Armed with that information, your attorney can negotiate to get your charges dismissed or reduced.
Talk to a Nebraska Domestic Violence Lawyer
If you have been charged with a domestic assault or violence crime—or you think you might be facing charges—talk to an attorney as soon as possible.
To find the best domestic violence defense attorney, you could do an online search for “domestic violence lawyers near me,” or you could contact Petersen Criminal Law. Since 1995, we have helped our clients by fighting for their legal rights and striving to get them the justice they deserve.
If you have been charged with domestic violence in Omaha or anywhere in the state, call 402-235-4283 or contact us online now to speak to a Nebraska domestic violence attorney.