The criminal offense of “assault” is one of those crimes that most people are familiar with; yet, few people actually understand the legal elements that make up the offense. That lack of knowledge can be problematic if it leads you to believe that assault is not a serious crime because it certainly can be. If you have been charged with the crime of assault in the State of Nebraska, it is in your best interest to consult with an experienced criminal defense attorney about the unique facts and circumstances of your specific case. In the meantime, however, an Omaha violent crime attorney offers a basic overview of the criminal offense of assault in Nebraska.
Assault in the First Degree
Nebraska Revised Statute 28-308 governs the offense of assault in the first degree, defining it as follows:
“A person commits the offense of assault in the first degree if he or she intentionally or knowingly causes serious bodily injury to another person.”
To fully understand assault in the first degree it is imperative to know what the law means by “serious bodily injury.” Fortunately, statute 29-109 (21) defines the term for us as follows:
“Serious bodily injury shall mean bodily injury which involves a substantial risk of death, or which involves substantial risk of serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.”
Assault in the Second Degree
Nebraska Revised Statute 28-308 governs the offense of assault in the first degree, defining it as follows:
A person commits the offense of assault in the second degree if he or she:
(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument;
(b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or
(c) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act.
As was the case for assault in the first degree, we must understand how the law defines “bodily injury” to clearly understand assault in the second degree. Neb. Rev. Stat. 29-109(4) defines the term as “Bodily injury shall mean physical pain, illness, or any impairment of physical condition.”
Assault in the Third Degree
Nebraska Revised Statute 28-310 governs the offense of assault in the first degree, defining it as follows:
A person commits the offense of assault in the third degree if he:
(a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or
(b) Threatens another in a menacing manner.
Penalties for an Assault Conviction
Along with understanding the elements that the State of Nebraska must prove beyond a reasonable doubt in order to secure a conviction for assault, you may wish to know what the potential penalties are in the event the State does manage to convict you of the offense.
- Assault in the first degree shall be a Class II felony the potential penalty for which is a minimum one year and a maximum 50 years in prison.
- Assault in the second degree shall be a Class IIA felony the potential penalty for which is no minimum and a maximum of 20 years in prison.
- Assault in the third degree shall be a Class I misdemeanor, unless committed in a fight or scuffle, entered into by mutual consent, in which case it shall be a Class II misdemeanor. The potential penalty for a Class I misdemeanor is up to one year in jail and/or a fine of up to $1,000. The potential penalty for a Class II misdemeanor is up to six months in jail and/or a fine of up to $1,000.
Contact an Omaha Violent Crime Attorney at Petersen Law Office
If you have been charged with the criminal offense of assault in the State of Nebraska, do not hesitate to consult with an experienced violent crime attorney as soon as possible to ensure that your rights are protected. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
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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