Bellevue criminal courts vigorously prosecute domestic violence charges. As a result, you will likely face immediate consequences if you become the target of domestic violence accusations. Domestic violence cases often move quickly through the criminal justice system, so contacting a defense attorney immediately could make a substantial difference in the outcome of your case.
If you are facing charges of abuse, a knowledgeable Bellevue domestic violence lawyer from Berry Law Firm can assess your situation and determine the most effective course of action for handling your case.
First-Degree Domestic Assault Charges
State law defines three different levels of domestic assault charges, each ranging in severity. Individuals may face a first-degree domestic assault charge if they intentionally cause serious bodily injury to intimate partners. First-degree domestic assault in Bellevue can result in Class IIA felony charges, which carry the potential for a 20 year prison term.
A second or subsequent offense, however, is a Class II felony, which can result in up to 50 years in prison upon conviction. If the intimate partner involved in the domestic assault is or was pregnant at the time of the incident, the alleged perpetrator can face more severe penalties.
Second-degree domestic assault charges may arise if individuals purposely cause bodily injuries to intimate partners by using a dangerous instrument. Class IIIA felony charges may result from a second-degree domestic assault, but the charges increase to a Class IIA felony for second or subsequent offenses. According to Nebraska Revised Statutes §28-105, a conviction for a Class IIIA felony can result in a three-year prison sentence and a $10,000 fine, whereas a conviction for a Class IIA felony can result in up to 20 years in prison.
Neb. Rev. Stat. §28-323 states that domestic assault in the third degree occurs when individuals purposely cause physical injury to intimate partners, threaten intimate partners with imminent bodily injury, or threaten intimate partners in a menacing way.
This law defines intimate partners as those who have the following relationships to an individual accused of domestic assault:
- Current and former spouses
- People who share a child, regardless of whether they ever lived together or were married
- Individuals who are currently or who were in a dating relationship
Situations that constitute third-degree domestic assault can result in Class I misdemeanor charges. Neb. Rev. Stat. §28-106 imposes up to one year in jail and a $1,000 fine for third-degree domestic violence convictions. If the offense is second or subsequent, however, the charges can increase to a Class IIIA felony, which carries the potential for significantly higher penalties.
No Contact Orders
One significant consequence of a domestic assault charge is the likelihood for a judge to issue a no-contact order that disallows any contact between the accused and the alleged victim. Although the terms and conditions of no-contact orders may differ widely, they typically prohibit both direct and indirect contact. Ultimately, a domestic assault charge also can result in the imposition of a civil protective order.
Violations of either no-contact orders or protective orders can result in further criminal charges. Federal law also generally prohibits individuals who are subject to these orders from possessing any firearms. As the overall consequences of domestic assault charges can be harsh, accused individuals should strongly consider contacting an experienced defense attorney.
Call a Bellevue Domestic Violence Attorney Today
Domestic assault charges often result in an immediate arrest and issuance of a no-contact order, which can leave you cut off from your immediate family members and children.
A Bellevue domestic violence lawyer can be instrumental in fighting some or all these unwanted consequences. Don’t trying to handle this on your own. Get the legal guidance that you need by calling Berry Law today.