If you are accused of domestic violence or domestic assault, you can face severe penalties. This can include the implementation of a no-contact order that can prevent you from seeing or talking to your family. Since these are serious charges with potentially harsh consequences, it may prove beneficial to contact a Nebraska domestic violence lawyer for advice.
Getting the necessary legal counsel may enable you to challenge the allegations against you more effectively. A diligent criminal defense lawyer from our team can help determine an effective defense strategy for your case.
Domestic Violence and Assault
Nebraska law refers to domestic violence as domestic assault, which has three different levels of charges, based primarily on the severity of any resulting injuries. Neb. Rev. Stat. § 28-323 defines domestic assault in the third degree. This offense occurs when individuals:
- Intentionally cause bodily harm to an intimate partner
- Threaten an intimate partner with imminent bodily injury
- Threaten an intimate partner in a menacing way
Intimate partners include anyone in the following relationships:
- Individuals who share a child
- Individuals in a dating relationship
- Current or former spouses
Domestic assault in the second degree occurs if someone intentionally causes bodily injury to an intimate partner using a dangerous instrument. First-degree domestic assault involves intentionally causing serious bodily injury to an intimate partner. A domestic violence lawyer in Nebraska could help you fight your domestic violence charge and build a strong defense on your behalf.
Penalties for Third-Degree Offenses in Nebraska
Third-degree domestic assault is a Class I misdemeanor. A conviction for third-degree domestic assault under Neb. Rev. Stat. § 28-106 may result in a maximum one-year jail sentence and a $1,000 fine, or both.
For a second or subsequent offense that involves the intentional infliction of bodily injury or threats to an intimate partner involving imminent physical harm, the charge increases to a Class IIIA felony under Neb. Rev. Stat. § 28-105. This can result in up to three years of incarceration and 18 months of post-release supervision, plus a $10,000 fine.
Consequences for Second and First-Degree Offenses
A second-degree domestic assault offense is a Class IIIA felony, but a second subsequent offense increases to a Class IIA felony. A Class IIA felony conviction carries up to 20 years in prison.
Domestic assault in the first degree is a Class IIA felony, but the offense may result in a Class II felony charge for those who have one or more prior convictions of first-degree domestic assault. For a Class II felony offense, the term of imprisonment can range from one to 50 years.
When any level of assault involves a pregnant woman, Neb. Rev. Stat. § 28-115 requires that the offense be charged at the next higher level of the crime that normally would be charged. As even the lightest domestic assault charge can result in a jail sentence and other unwanted consequences, it is important to contact a domestic violence attorney who can help.
No Contact Orders
In domestic assault cases, it is routine for the criminal court judge to issue a no-contact order, which is a court order that generally prohibits all contact between the accused and anyone involved in the alleged domestic assault. While the exact terms of a no-contact order may differ based on the circumstances of the case, no contact orders prohibit not only direct contact between the parties but also electronic communications and indirect communications via third parties.
Individuals also should be aware that violating a no-contact order, as well as a civil protective order, is a separate criminal offense. Those who violate no contact or protective order may be subject to Class I misdemeanor or Class IV felony, depending on the situation.
Contact a Nebraska Domestic Violence Attorney
If you are facing domestic assault charges and a resulting no-contact order, you need to be aware of your rights and how a conviction could impact your future. Consulting a Nebraska domestic violence lawyer may be useful in fighting back against these charges. Call Berry Law today to schedule a confidential consultation.