La Vista Assault Lawyer | Accused of Assaulting another Person

If you were recently charged with any form of assault, you should seek experienced legal representation as soon as possible. Local law enforcement takes assault charges extremely seriously, and a conviction can lead to jail time and fines.

An experienced attorney at Berry Law can work with you to build a customized defense strategy for your case. Retaining a skilled La Vista assault lawyer can make all the difference in obtaining a favorable outcome in your case.

Degrees of Assault Defined under State Law

There are three different degrees of assault codified under state law, with third-degree assault being the least severe. According to Nebraska Revised Statutes §28-310, third-degree assault occurs when someone causes physical harm to another person through an intentional or reckless action, or threatens someone else with a reasonable fear of harm.

Neb. Rev. Stat. §28-309 defines assault in the second degree as the use of a “dangerous instrument” to intentionally cause an injury or recklessly cause a serious injury. A person who allegedly injures someone else while incarcerated, in law enforcement custody, or as a registered sex offender can also be charged with second-degree assault.

Finally, under Neb. Rev. Stat. §28-308, first-degree assault involves knowingly and intentionally causing another person to suffer serious bodily injury. A seasoned La Vista attorney can help you refute assault allegations brought against you under any of these statutes.

It’s worth nothing that Neb. Rev. Stat. §28-310.01 defines assault by strangulation or suffocation as a separate criminal offense. Likewise, various degrees of domestic assault are defined separately from other assault offenses under Neb. Rev. Stat. §28-323.

Potential Consequences for Assault Convictions in La Vista

Assault in both the second and first degree are considered felony offenses in Nebraska. Second-degree assault can be charged as a Class IIA felony offense, while first-degree assault is considered a Class IIA felony offense. According to Neb. Rev. Stat. §28-105, the difference between these classifications comes down to potential prison sentences. Specifically, second-degree assault is punishable by up to 20 years in prison, while first-degree assault convictions can result in anywhere between 1 and 50 years in prison.

Unlike other assault offenses, assault in the third degree is defined under state law as a misdemeanor rather than a felony. Third-degree assault is a Class I misdemeanor, and the maximum consequences a convicted person could face are a 1-year jail sentence and a fine of $1,000, according to Neb. Rev. Stat. §28-106. However, if someone is charged with third-degree assault after engaging in a fight that was mutually agreed upon, this offense is only a Class II misdemeanor. In that situation, the maximum jail sentence would be 6 months.

Assault by strangulation can be charged as a Class IIIA or Class IIA felony, depending on whether the defendant allegedly used a dangerous instrument, caused serious bodily harm, or was previously convicted of assault. If none of these aggravating circumstances apply, a person convicted of impeding someone else’s breathing or circulation could face up to 3 years in prison and $10,000 in fines.

Speak with a La Vista Assault Attorney Today

A conviction for assault has severe potential consequences. It may be critical to seek help from an experienced attorney if you want to effectively contest the allegations brought against you.

A skilled La Vista assault lawyer can be a knowledgeable and relentless ally in your fight to protect your rights and freedom. Call Berry Law Firm today to schedule a confidential consultation.

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