A criminal charge involving assault can result from several situations where you do not actually hit someone. The laws in Millard can be difficult to interpret, and the penalties for an assault conviction can be harsh. You should not try to defend yourself alone when facing assault allegations.
Instead, you should rely on a skilled assault lawyer serving Millard, Nebraska. At Berry Law, we provide honest options for your defense. Our team will investigate and assess all evidence for and against you to relentlessly pursue the best outcome for your circumstances.
The Three Levels of Assault Charges
Assault charges are categorized as first-degree, second-degree, or third-degree. Determining the degree is up to the court, based on certain factors, including:
- Did the assault involve a weapon?
- How severe were the victim’s injuries?
- Did the defendant act intentionally, knowingly, or recklessly?
Nebraska Revised Statute §28-308 states that first-degree assault involves knowingly or intentionally causing serious bodily harm to another person, especially injuries that could be fatal. This is a Class II felony with a sentence of between one and fifty years in state prison.
Second-degree assault involves the use of a dangerous instrument to commit a crime. It is a Class IIA felony resulting in a sentence of between one and twenty years in state prison.
Assault in the third degree involves intentionally, knowingly, or recklessly causing bodily injury to someone, including threatening them in a menacing manner. In most cases, it is a Class I misdemeanor with a penalty of a $1000 fine, up to one year in county jail, or both. In a fight where all parties consented to participate, it is a Class II misdemeanor with a $1000 fine, no more than six months in jail, or both.
Specific Types of Assault
Some types of assault carry different conditions depending on who is affected and the location of the crime. Most of these are categorized as first-, second-, and third-degree assault charges.
Domestic assault involves intentionally, knowingly, or recklessly causing bodily harm to an intimate partner. It also includes threatening the partner with imminent bodily injury or threatening them in a menacing way.
Intimate partners are defined as those who have had a child together, are in a dating relationship, are current spouses, or are former spouses. Domestic assault can be charged as a felony or misdemeanor.
Assault by Strangulation
Intentionally hindering a person’s normal breathing or blood circulation by pressure to the neck or throat is considered strangulation. Typically a Class IIIA felony (it can be changed to a Class IIA felony) is if the defendant used a dangerous instrument, caused serious bodily injury, or has a prior strangulation conviction.
A conviction carries the following penalties:
- Class IIIA felony: A maximum of three years in state prison with no more than 18 months post-release supervision, a $10,000 fine, or both.
- Class IIA felony: Up to twenty years in state prison.
Assault with a Deadly Weapon
If you physically injure, threaten to attack, or kill someone using an object such as a gun, knife, hammer, or another item, you could face a charge of assault with a deadly weapon.
Accessory to Assault
When an assault is charged as a felony, anyone who aids the defendant can be accused of being an accessory to the assault. In most cases, this crime is charged as a felony.
Accessory actions include interfering with the discovery of the crime, concealing or aiding the defendant, lying to law enforcement, and providing a weapon or transportation for the crime.
Terroristic threats are statements made to intimidate or menace others, including specific threats of violence to individuals in a specific location. This includes reckless disregard for the potential risk and harm to others if they evacuate the location as a result of the threats.
Defense Strategies Against an Assault Charge
When you face an assault charge, you need to take advantage of every facet of the law that could reduce your penalties. An assault conviction can affect your ability to maintain or get a job and ruin your personal reputation.
To avoid these consequences, you need a dedicated assault attorney serving Millard. We put our years of experience to work on building a customized defense strategy for you. The assault lawyers at Berry Law draw from proven approaches, such as:
- Self-defense and the defense of others: In some instances you were defending yourself or another person against actual or potential bodily harm.
- Lack of evidence: If the prosecutor does not have conclusive evidence that you committed the assault, your attorney could move to have the charges dismissed.
- Mistaken identity: Innocent people may be falsely accused because the victim does not clearly recall the assailant’s appearance.
Your Millard assault attorney will be by your side from the start, advising you on how to proceed. Our goal is to protect your rights and maintain your presumption of innocence in the minds of the judge and jury, so you receive the fair trial you are due.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How an Assault Lawyer from Berry Law Will Strengthen Your Defense
Berry Law criminal defense attorneys know prosecutors will try to attack your defense, and we prepare for that attack. We investigate your case and gather our own evidence and when necessary we bring in expert witnesses to challenge the state’s case. We prepare to defend your reputation and future at trial if necessary.
If your goal is to minimize the negative consequences rather than to to take your case to trial, we negotiate with the prosecuting attorney in an attempt to reduce or dismiss your charges. Sometimes we work to minimize the penalties you face by striking beneficial plea bargains. Our team will review any offers from the opposing counsel and discuss the long-term consequences of any deal with you.
No matter your circumstances, we will be honest about your options and the challenges in your case and we expect you to be honest with us.. We do not judge our clients who are fighting criminal charges, we protect and defend them.
Let a Berry Law Assault Lawyer Serving Millard, NE Help You Today
The professionals at Berry Law work to build a solid defense and aggressively uphold your rights, advising you from the moment of the allegation until your case is resolved.
Berry Law will always fight for the best achievable outcome for your unique circumstances. Speak with our team now to hire an assault lawyer serving Millard and all of Nebraska, to defend yourself against these charges. Set a time to meet with us to discuss whether we are the right team for you on our online form today.