Domestic violence is a serious issue in Nebraska, affecting many individuals and families in the state. The consequences of a domestic assault conviction are harsh and can adversely affect all aspects of your life and future. But what are the consequences of a domestic assault conviction, and what can you do to protect your rights and achieve the best possible outcome?
If you’ve been arrested or officially charged with domestic assault in Nebraska, you need an experienced attorney to help you understand everything about the legal aspects of domestic assault charges and what penalties may follow. The more you know about the law and your rights, the more prepared you will be to answer the charges and present a solid defense.
To achieve the best results possible, contact an experienced domestic assault defense attorney in your area for advice, assistance, and guidance. A lawyer can represent you throughout the process and help develop a solid defense strategy.
What Is Domestic Assault in Nebraska?
In Nebraska, domestic assault involves causing physical injury to one’s intimate partner. An intimate partner in this case may include:
- A spouse or former spouse
- Someone you share children with
- Someone you are dating or have dated in the past
In addition, the state must prove that the injury was caused knowingly and intentionally.
Three Degrees of Domestic Assault in Nebraska
Nebraska law specifies three degrees of domestic assault based on the type of injury inflicted. Third degree domestic assault includes intentionally causing bodily injury to an intimate partner or threatening physical harm. The harm inflicted does not need to be serious for an altercation to be considered third degree domestic assault. These injuries usually involve bruises, cuts, and abrasions.
Domestic violence in the second degree includes bodily injury inflicted with a dangerous instrument. For purposes of domestic violence, a dangerous instrument could include common household items such as a hammer or a lamp, in addition to weapons such as a gun or knife.
Finally, the most serious charge is first degree domestic assault, which includes serious bodily injury. Serious bodily injury is defined as any injury that 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.
Consequences of a Domestic Assault Conviction
When convicted of domestic assault, the penalties vary depending upon the degree of assault the defendant is charged with. The punishment will also depend on whether or not the defendant has been convicted of domestic violence before, and what harm was inflicted previously.
Third degree domestic assault will result in:
- Class I Misdemeanor
- Up to one year in jail
- Up to $1,000 in fines
Or, if the defendant has previously been convicted of domestic assault and caused physical harm, the penalties could be:
- Class IIIA Felony
- Up to three years in prison
- Up to $10,000 in fines
Second degree domestic assault will result in:
- Class IIIA Felony
- Up to three years in prison
- Up to $10,000 in fines
Or, for a second offense:
- Class IIA Felony
- Up to 20 years in prison
First-degree domestic assault will result in:
- Class IIA Felony
- Up to 20 years in prison
Or, for a second offense:
- Class II Felony
- Up to 50 years in prison
If you are facing domestic assault charges, it can be helpful to talk with an attorney who understands the best defense techniques and the sentencing guidelines.
No Contact and Protection Orders
When domestic assault occurs, a victim may request an order of protection or no-contact order from a municipal judge to safeguard themselves against their abuser. If you are convicted of domestic assault, the judge may issue a protective order against you as part of your bond conditions.
A protection order in Nebraska prohibits the defendant from contacting the victim in any way or coming near them, and in many cases, their children. It can also include stipulations that the defendant not post anything about the victim on social media or try to contact them through friends, families, and co-workers.
The terms of a protection order can vary by case. It’s important to understand what exactly the protection order states so you don’t inadvertently do something you’re not supposed to do.
Nebraska classifies three types of protection orders:
- Domestic Abuse Protection Order: For individuals who have had close personal relationships or lived with the defendant. The court may issue one based on an attempt or threat to cause the other bodily injury or sexually assault them.
- Harassment Protection Order: Does not depend on the relationship between the defendant and the victim. A judge may issue one in cases where a defendant repeatedly called or contacted the victim in a manner that terrified or threatened them, or they constantly bothered the victim for no apparent reason at all.
- Sexual Assault Protection Order: Does not depend on the relationship. A judge may grant one if the defendant engaged or attempted to engage in non-consensual sexual contact.
Protection orders can last for up to a year and can be renewed. Also, in some cases, victims can request custody of any children they share with the defendant and order the defendant to have no contact with them.
Note that a protection order is not in effect until a sheriff’s deputy serves the defendant with a copy of the order. The defendant may be restrained and taken to jail, but they can request a hearing from the judge. If granted, both sides must attend the hearing. If the victim doesn’t, the judge may dismiss the case and lift the order.
What Happens If I Violate a Protection Order in Nebraska?
Violating a protection order in Nebraska is a criminal offense, and you can expect to receive a visit from the police. The consequences you could face depend on the nature of the criminal charge. If you knowingly violate the order, you could receive a Class I misdemeanor charge. That can increase to a Class IV felony charge if you have a prior conviction for violating a protection order. Additionally, if the order was a condition of your bond, you may receive additional charges and penalties. You could also receive enhanced penalties depending on the nature of the violation.
How Can I Defend Myself?
Defending yourself against charges of domestic violence in Nebraska can be challenging. Your defense options depend on the facts and circumstances of your case. Therefore, you need an experienced domestic violence lawyer to review your case and advise you of your options. Some possible defense strategies include:
- False accusations: As mentioned previously, the other party could have lied about the abuse or got a protection order against you using false claims. These actions are often motivated by malice or spite, but your attorney may be able to prove your accuser made baseless accusations against you to help dismiss the charges or lift the protection order.
- Self-defense: If you were defending yourself from an attack from the accuser, your lawyer could help you argue self-defense as the reason for the violence.
- Consent or mutual combat: If you and your accuser engaged in mutual, consensual contact, your attorney could establish that fact to show that no domestic violence actually occurred. Consent is also important in cases involving sexual assault.
You may have other defense options available, but you need an attorney to review your case as soon as possible.
How Can an Attorney Help?
A domestic violence attorney in Nebraska will have the skills, knowledge, and resources to fully assess your situation and the charges against you. They can collect important evidence to help you achieve the best possible outcome in your case.
No matter the circumstances surrounding your case, you have rights, and you need a lawyer to assert those rights and fight for your future. Along with helping prepare and present your defense, an attorney can offer you peace of mind in knowing a dedicated, competent legal professional is handling your case and working to help you achieve the best possible outcome.
Contact an Experienced Domestic Violence Attorney Today
Do not wait to get the help you need to answer any domestic violence charges you face and develop a strong and effective defense. The Nebraska domestic violence defense attorneys at Berry Law are here to answer your questions and advise you on your best course of action. Contact us today for a confidential consultation.
