Any allegations of acting violently or aggressively toward an intimate partner are taken very seriously by both law enforcement and prosecutors, especially if processed in a Nebraska state court. Unlike some other states, Nebraska state law specifically defines domestic violence as a criminal offense and classifies it as a felony under certain circumstances.
For strong legal representation against allegations of domestic violence, speak to a La Vista domestic assault lawyer at Berry Law. An experienced criminal defense attorney on our team will help protect your rights and freedom.
What Constitutes Domestic Assault in La Vista?
According to Nebraska Revised Statutes §28.323, domestic assault is defined as committing or threatening to commit an act of criminal assault against an intimate partner. In this context, an “intimate partner” means someone who is or was married to, is currently or was previously dating, or has had children with the defendant.
Domestic assault can take several different forms, not all of which involve overt physical violence. For example, it can also include intentionally intimidating or frightening another person by acting aggressively and/or brandishing a deadly weapon.
Depending on the injuries caused to the alleged victim and other elements of the incident in question, domestic assault can be charged as either a misdemeanor or felony offense in La Vista. One of our attorneys can offer more insight about what circumstances may enhance a certain charge.
Varying Degrees of Domestic Assault Charges
There are three different degrees of domestic assault defined under Neb. Rev. Stat. §28.323, all of which we can help refute. The least severe, domestic assault in the third degree, occurs when someone intentionally causes or threatens to cause physical injury to an intimate partner. First-time offenses are classified as Class I misdemeanors and are punishable by jail time and fines. Subsequent convictions would be Class IV felonies and could result in 5 years in jail and a $10,000 fine.
Second-degree domestic assault involves intentionally and knowingly injuring their domestic partner with a dangerous instrument, which could be a deadly weapon or just a dangerous blunt object. A first-time offense would be a Class IIIA felony and could result in a 3-year prison sentence and a fine of up to $10,000 upon conviction. Alternatively, subsequent offenses would be Class IIA felonies and punishable by up to 20 years in prison.
Finally, first-degree domestic assault can be charged when someone knowingly and intentionally causes serious bodily injury to their intimate partner. First-time offenders may face penalties commensurate with a Class IIA felony, while repeat offenders may be charged with a Class II felony and face up to 50 years in prison.
Work with a La Vista Domestic Violence Attorney
Since penalties for domestic assault can be enhanced to felony charges in certain circumstances, it is crucial for you to retain skilled legal counsel as soon as possible. Even if the charge you are facing is only a misdemeanor offense, a conviction would remain on your permanent criminal record and could lead to serious personal and professional consequences down the road.
If you want to effectively fight your domestic violence charges, you should strongly consider retaining an experienced La Vista domestic assault lawyer. Call Berry Law today to learn more about your legal options.