Most individuals classify assault as a crime of violence because it involves harm, the risk of harm, or threatened harm to others. As a result, the penalties for an assault conviction may be severe. If you are facing allegations of assault, a Lincoln assault lawyer could investigate the circumstances surrounding your charges and work toward building a strong defense on your behalf.
Whether you were unexpectedly caught in a bar fight or intentionally engaged in a crime that harmed another person, you can be charged with assault and battery and should consult with a Lincoln assault lawyer immediately. If convicted, you may encounter difficulties finding jobs, housing, and more. A dedicated criminal defense attorney from Berry Law could protect your rights throughout the criminal justice process and work for the best possible outcome in your case.
At Berry Law Firm we have tried hundreds of assault and battery cases. We know how to exploit weaknesses in the prosecution’s case against you. Call our office today to schedule an appointment with our Lincoln criminal attorneys.
Aggressive Defense Against Assault and Battery Charges
Depending on the details of the case, someone can be charged with felony or misdemeanor assault. If a person is charged with an assault and battery offense, it may involve one of the following incidents which should warrant contact with an assault lawyer in Lincoln:
- Domestic assault
- Bar or street fights
- Aggravated assault
- Sex offenses
First, Second, and Third-Degree Crimes
Under Nebraska Revised Statute § 28-308, individuals commit first-degree assault when they intentionally cause serious bodily injuries to others. Neb. Rev. Stat. § 28-109 defines “serious bodily injury” as any physical injury that poses a significant risk of death, severe and continuing disfigurement, or the loss of impairment of a bodily function or organ for a lengthy period.
Neb. Rev. Stat. § 28-309 establishes the offense of second-degree assault. This offense occurs when individuals take any of the following actions:
- Intentionally cause physical harm to others using a dangerous instrument
- Recklessly cause serious physical injuries to others using a dangerous instrument
- Unlawfully strike or wound others while incarcerated in jail, prison, or committed as a dangerous sex offender
Third-degree assault charges result when individuals purposely or recklessly inflict physical harm on others or threaten others in an intimidating manner. For second-degree and third-degree assault, bodily injury or physical harm refers to any physical pain or impairment.
Categories of Offenses
Aside from general first, second, and third-degree assault offenses, Nebraska law also establishes more specific assault offenses. For example, Neb. Rev. Stat. § 28-929 covers assault on officers, emergency responders, state correctional employees, Department of Health and Human Services employees, and health care professionals.
Neb. Rev. Stat. § 28-323 defines varying levels of domestic assault. Domestic assault offenses involve the infliction of injury on intimate partners, which include current or former spouses, individuals who share a child, and individuals who currently or previously were dating.
Firearms or weapons charges may also be associated with assault charges. When a gun or other weapon is used in the commission of a crime, a person may be subject to mandatory minimum sentences if he or she is convicted, which may result in time in a federal prison. This is one more reason not to take chances with an inexperienced lawyer or public defender and instead seek the help of an experienced Lincoln assault lawyer.
Penalties for Assault
First-degree assault is a Class II felony under Nebraska law. A conviction for a Class II felony may result in a prison sentence ranging from one to 50 years. Second-degree assault is a Class IIA felony offense, which carries a potential prison sentence of a maximum 20 years.
Under Nebraska law, third-degree assault is a Class I misdemeanor but may be reduced to a Class II misdemeanor when it results from a fight in which both parties were active participants. A Class I misdemeanor carries a potential maximum jail sentence of one year, a $1,000 fine, or both, whereas a Class II misdemeanor can result in a six-month jail sentence, a $1,000 fine, or both.
Getting the Help of a Lincoln Assault Attorney
Assault charges could result in a felony or misdemeanor criminal conviction, both of which can be severely damaging to your future. A Lincoln assault lawyer can be your most reliable tool in defending yourself against allegations of assault offenses.
We will examine the evidence and interview witnesses as part of our investigation. In some cases, for example, individuals are charged with assault when they were acting in self-defense. This is often a valid defense to an assault and battery charge.
Having a strong legal advocate from Berry Law to guide you through any criminal proceedings may be instrumental in reaching a favorable resolution in your case. Call our team today to schedule a confidential consultation.