What are Common Domestic Assault Offenses in Nebraska?
Strangulation, false imprisonment, and terroristic threats can elevate the consequences of domestic assault.
A person charged with domestic assault may also face felony crimes of strangulation, false imprisonment, and terroristic threats. If the authorities have charged you with any of these crimes, you need an experienced Nebraska criminal defense lawyer to protect you from the consequences of a conviction—prison time, fines, and more.
What is domestic assault?
Nebraska law refers to domestic violence as domestic assault. Domestic assault occurs when the alleged victim is someone with whom the accused is currently or formerly in a domestic or dating relationship. The assault can involve intentional physical contact, an act that would put someone in fear of physical harm, or other menacing threats.
Words can be enough to constitute an assault. In some cases, the assault is merely a menacing threat, or the threat itself could consist of a terroristic threat, which prosecutors may charge as a felony.
Strangulation
Strangulation is a felony that may be charged when the accused intentionally obstructs the accuser’s windpipe.
An indicator of strangulation is petechiae, an injury characterized by broken blood vessels in the eyes. However, excessive strain, crying, sneezing, and excessive amounts of alcohol or other narcotics can also cause petechiae.
False Imprisonment as a Common Domestic Assault Offense in Nebraska
False imprisonment is intentionally restraining a person’s freedom of movement without justification or consent. It occurs when someone intentionally restricts another person’s ability to move freely. It can involve physical force, threats, or other means of coercion.
Terrorist Threats
Nebraska law defines terroristic threats as a felony. Terroristic threats generally refer to any verbal or written threat to terrorize, intimidate, or cause fear of bodily harm or death in another person.
The consequences of false allegations
If you are falsely accused of domestic assault, the charges could cost you not only your freedom but your job, professional license, and reputation.
While first-offense domestic assault which does not cause serious bodily injury or involve a weapon is a misdemeanor that carries up to a year in prison and a $1,000 fine, strangulation, first- and second-degree false imprisonment, and terroristic threats are felonies in Nebraska that may carry prison sentences. Furthermore, a crime of domestic violence, even if it’s a misdemeanor, prevents anyone convicted from possessing a firearm under federal and Nebraska law.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Defending against false allegations
When strangulation, imprisonment, or terrorist threats are added to domestic assault charges, the consequences increase.
Some actions a lawyer may take to build a strong defense include:
Conduct a thorough investigation
A comprehensive and meticulous investigation involves gathering evidence to establish a clear narrative of the events, including any relevant witnesses or surveillance footage. As your defender, we will challenge assumptions and scrutinize your case to uncover any inconsistencies or inaccuracies in the allegations.
Establish an alibi and timeline
Establishing a credible alibi and timeline of events may involve presenting evidence contradicting the accuser’s claims and demonstrating the accused’s location or activities during the alleged incident. Documenting the accused’s whereabouts through phone records, receipts, or witness testimony can dispute false allegations.
Expert witnesses and forensic evidence
Expert witnesses, such as medical professionals or forensic experts, can provide insights into the nature of injuries, helping to challenge assumptions made by law enforcement about the severity or cause of certain marks. Forensic evidence, when available, can refute claims of strangulation or false imprisonment.
Challenge the credibility of accuser
Defense strategies often involve challenging the credibility of the accuser. This may include scrutinizing their statements for inconsistencies, highlighting any history of making false accusations, or presenting evidence that contradicts their version of events. Demonstrating a motive for making false allegations, such as a personal vendetta or ulterior motive, can discredit the accuser.
Negotiation and resolution
Defense strategies may also involve negotiation for a favorable resolution, such as reduced charges or alternative sentencing options. While you may want to prepare a robust defense, opportunities for resolution outside of a lengthy court battle can minimize the impact on the accused’s life.
Contact a lawyer if you face false domestic assault charges
If prosecutors charge you with domestic assault, strangulation, false imprisonment, terroristic threats, or any other charge based on false allegations, you need a trustworthy and highly experienced team of criminal defense attorneys who understand how much is on the line. Contact the Nebraska criminal defense attorneys at Berry Law to discuss your case today during a free, confidential case consultation.
