Assault of any kind carries severe penalties upon conviction, and a charge of assault in any degree should be taken seriously. Assault is a physical attack on someone else. An assault charge can become more serious if someone uses a deadly weapon to threaten, injure, or even kill another person.
Law enforcement and prosecutors take assault very seriously, and someone charged with assault should enlist the help of a skilled attorney to ensure their freedom is protected. A qualified Lincoln assault with a deadly weapon lawyer can help ensure that due process takes place and protect the rights of someone facing assault charges.
What is a Deadly Weapon?
A deadly weapon can be anything that can be used to hurt or threaten another person. Intent is critical in understanding what can make an object a deadly weapon. How someone uses an object determines how it can be classified during a criminal proceeding.
For example, a hammer can be perfectly harmless if used for its intended purpose. A hammer may be considered a deadly weapon only when it is used to hurt, maim, or kill someone. The same could be said with a gun or a knife set; they are perfectly harmless if used safely and responsibly. However, somebody with ill intent could use these objects as weapons if they wanted to.
Different Levels of Assault
There are three levels of assault in Nebraska, from third-degree (being the least severe) to first-degree (the most severe). A Lincoln assault with a deadly weapon attorney can explain how these charges work and any potential penalties you may be facing.
According to Neb Rev Stat §28-309, second-degree assault is intentionally or knowingly hurting another person with a dangerous instrument. Second-degree assault is almost identical to third-degree assault, except for how the perpetrator carries it out. Here, the use of a deadly weapon dramatically increases the charge. A second-degree assault can be charged as a Class IIA felony.
Third-degree assault is defined by Nebraska Revised Statutes §28-310 as intentionally, knowingly, or recklessly harming or threatening to harm another person in a menacing manner. As previously mentioned, this is the least severe degree of assault and typically results in only a misdemeanor.
First-degree assault is characterized by the severity of the harm inflicted. Specifically, a person can be charged with first-degree assault for intentionally or knowingly causing serious bodily injury to another person, under Neb Rev Stat §28-308. The main distinction here is the word serious. That word can be up to interpretation by a judge or jury, and a knowledgeable defense attorney can defend your interests and prove the injury was not serious and should not deserve a first-degree assault charge.
Call a Lincoln Assault with a Deadly Weapon Attorney Now
If you have been charged with assault with a deadly weapon in Lincoln, call one of our experienced attorneys today. Our team at Berry Law has experience defending clients and giving them the legal representation they deserve. The burden of proof lies upon the prosecution, so our defense team can deter illegally obtained evidence, false testimonies, or do other things to ensure a fair trial. If you are facing criminal charges related to assault, call a Lincoln assault with a deadly weapon lawyer on our team to discuss how we can work with you.