Assault allegations carry serious consequences in the state of Nebraska. Often, those accused are facing felony charges and long terms of incarceration if convicted. Therefore, it is imperative to have an experienced Nebraska assault lawyer who can vigorously advocate on your behalf. A skilled defense lawyer from Berry Law can fight for you.
First Degree Assault Charges in Nebraska
In Nebraska, first-degree assault is defined in Nebraska Revised Statute §28-308 as the intentional or knowing infliction of serious bodily injury on another human being. This offense is categorized as a Class II felony.
Whether an injury can be considered “serious” is generally up to the discretion of the court or a jury. Per statute 28-308, a person shall be judged on their intent to commit any harm to the victim rather than the level of harm that occurred. A skilled Nebraska assault attorney can specifically discuss what’s required by prosecution to prove such allegations and how to adequately defend against them.
Depending on the specific circumstances of the assault, a person may also be charged with second- or third-degree assault. Second-degree assault differs from first degree when the assault involved the use of a dangerous “instrument”. Per Neb. Rev. Stat. §28-309, second-degree assault is treated as a Class IIA felony.
Neb. Rev. Stat. §28-310 classifies third-degree assault as situations where the alleged defendant threatens another person in a “menacing manner”. Under this statute, third-degree assault does not require proof of serious bodily injury.
Third-degree assault is generally considered a Class I misdemeanor. However, if the two people in question were engaged in a “mutual combat” or “scuffle”, the offense will be considered as a Class II misdemeanor, carrying less-severe consequences if found guilty.
Cases Involving the Alleged Assault of a Pregnant Woman
The assault of a pregnant woman in Nebraska is subjected to enhanced penalties upon conviction. According to Neb. Rev. Stat. §28-115, cases involving any level of assault against a pregnant woman are subject to the imposition of the next higher penalty classification. Essentially, the penalty is increased one step above what the penalty would have been had the assault occurred to a non-pregnant party.
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Contact a Nebraska Assault Attorney Today
If you were charged with assault, it’s always prudent to consider all legal possibilities and options available. Assault convictions in Nebraska can be elevated to felony charges, carrying severe repercussions to your rights and civil liberties.
At Berry Law, our attorneys take pride in the high-level of representation they’re able to provide. If you or a loved one is facing assault charges in Nebraska, call us today to schedule a confidential case evaluation and begin fighting your criminal charges.