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 today to schedule a confidential consultation.