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 charges can be applied to a person accused of causing physical injury to his or her intimate partner. An intimate partner in this case may include:
- A spouse or, ex-spouse
- Someone they share children with
- Someone they are dating or have dated in the past.
The physical harm committed must be intentional and knowingly or recklessly caused in order for a domestic assault charge to be considered valid.
Three Degrees of Domestic Assault in Nebraska
Nebraska laws classify domestic assault charges in three different degrees measuring the type of violence and the severity of injuries. Third degree assault, the least severe charge, 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 usually involve injuries like bruises, cuts, and abrasions. Because of the way in which bodily harm may be considered “severe” or “not severe,” these charges are often subjective.
Domestic violence in the second degree includes bodily injury inflicted with a dangerous instrument or weapon. The instrument used could be anything from a steel-toed boot to a baseball bat, though dangerous weapons like guns and knives could result in more serious consequences.
Lastly, the most serious charge is first degree domestic assault, which includes serious injury. Serious injury may comprise any harm that risks death, causes permanent disfigurement, loss of limb, a concussion or brain injury, a gunshot wound, or a stab wound.
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 IV Felony
- Up to five years in prison
- Up to $10,000 in fines
Second degree domestic assault will result in:
- Class IIIA Felony
- Up to five years in prison
- Up to $10,000 in fines
Or, for a second offense:
- Class III Felony
- Up to 20 years in prison
- Up to $25,000 in fines
Third-degree domestic assault will result in:
- Class III Felony
- Up to 20 years in prison
- Up to $25,000 in fines
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.
Victims should not have to pay for a protection order unless the judge determines they lied about the abuse and requested an order for no good reason. The individual may also face harsh legal penalties themselves for making a false report to authorities.
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. A protection order is a court order, and if you violate it, you are essentially in contempt of court.
The consequences you could face depend on the nature of the criminal charge. If you knowingly violated the order, you could receive a Class II misdemeanor charge. That can increase to a Class I misdemeanor if you have previous convictions. You can also receive a Class IV felony charge if you have a prior conviction for violating the same 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 may 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.
- Improper police procedures: Your attorney may be able to show that law enforcement infringed upon your constitutional rights or conducted other errors or wrongdoing in investigating the incident, collecting evidence, and arresting you.
- Lack of evidence: Likewise, there may simply not be enough evidence to convict you of domestic violence or warrant a protection order.
- Mental health and capacity: In some cases, your lawyer could argue that the accuser suffers from mental and emotional issues and that those issues precipitated their decision to accuse you of a crime you did not commit. Their mental state could have also caused them to misconstrue your actions as domestic violence. Similarly, if you lack the mental or physical capacity to perpetrate such an offense, your attorney could argue that as well.
You may have other defense options available, but you need an attorney to review your case as soon as possible.
What Are My Options If I’ve Been Convicted of Domestic Assault in Nebraska?
If you’ve been convicted of domestic violence charges in Nebraska, you may have the option to appeal the decision. Keep in mind that you can’t request an appeal simply because the court ruled against you. You must be able to show that judicial errors or administrative misconduct affected the verdict. Some common grounds for requesting an appeal include:
- Violations of your rights during your arrest and prosecution
- Arbitrary or unreasonable rulings or mistakes the judge made in rendering a verdict
- Ineffective legal counsel or not receiving a fair trial
- Insufficient evidence or inadmissible evidence used to convict you
- New evidence comes to light, such as a DNA test, that shows you were not the perpetrator or otherwise absolves you of guilt
An experienced domestic violence defense attorney in Nebraska can evaluate the court records and look for areas that may have unjustly impacted the verdict. They can help you request an appeal through the proper channels and represent you throughout the process to help increase your chances of success.
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 exonerate you or help negotiate a favorable plea deal with the prosecution if the weight of evidence is against you.
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.
