Being charged with aggravated assault is a serious legal matter. To properly build a defense against your charges, you should consult with an Omaha aggravated assault lawyer who can offer more insight about your situation. A well-versed assault attorney at Berry Law will defend your rights and best interests and work diligently to get the best outcome available for your case.
Omaha Aggravated Assault Laws and Penalties
Nebraska law divides assault into three categories: first-degree, second-degree, and third-degree assault. A person charged with aggravated assault is going to be charged under Nebraska Revised Statute §28-308. Under this statute, a person can be charged with first-degree assault if they purposefully or consciously cause serious bodily harm to someone. The maximum prison sentence for assault in the first-degree, which is a Class II felony, is 50 years.
State law recognizes numerous types of felony assault offenses with aggravating factors. For example, another type of first-degree assault charge, defined under Neb. Rev. Stat. §28-929, involves purposefully or consciously inflicting severe physical harm to specific categories of employees while they are on the job, including law enforcement officers, medical workers, and first responders. An assault crime under this statute is a Class ID felony, which carries a jail term between 3 and 50 years.
Additionally, if you are charged with assault with a deadly weapon, but upon investigation it’s found that you were not in possession of a weapon at the time of the incident, the charge may be reduced to first-degree assault. An Omaha attorney will look at all plausible defense strategies for an aggravated assault charge while seeking the best possible resolution to your case.
Prosecution of Aggravated Assault
Aggravated assault charges require several elements, one of the most important being intent. In other words, the accused must have intentionally inflicted bodily harm upon the alleged victim. If the prosecution cannot satisfy this burden of proof, their case may not hold up in court. The elements required to prove an aggravated assault charge will depend on the specific facts of your case.
When to Call a Lawyer
When someone is charged with aggravated assault, the first phone call they should make is to a local attorney. A lawyer at our firm can build a strong defense strategy on your behalf and work to protect your future.
An attorney with considerable knowledge of local laws and criminal procedures for aggravated assault charges could be an invaluable ally. From gathering key evidence to looking for any holes or inconsistencies in the prosecution’s case, a skilled attorney can help you take advantage of your legal options.
Reach Out to an Omaha Aggravated Assault Attorney
If you are facing aggravated assault charges, you may be in one of the most important battles of your life. The penalties for an aggravated assault conviction can be life changing, so now is the best time to begin working on your defense. Do not delay in protecting your rights. Let one of our attorneys fight for justice on your behalf. To schedule a confidential consultation with an Omaha aggravated assault lawyer, contact Berry Law today.