Strangulation is a felony offense under Nebraska law. However, prosecutors often add a strangulation charge to other cases, which can make those charges more severe and carry the possibility of harsher penalties. As a result, individuals who are facing these charges should enlist the help of an Omaha strangulation lawyer at the outset of their cases.
In addition to the penalties that someone can face for a criminal conviction, he or she also may lose some civil rights. Consulting an experienced assault lawyer in this situation may be necessary to give you the best chance of minimizing these consequences or getting your case dismissed.
Strangulation in Omaha
According to Neb. Rev. Stat. § 28-310.01, someone commits strangulation when he or she intentionally hinders the normal breathing or blood circulation of another by apply pressure to his or her throat or neck. Strangulation is typically a Class IIIA felony under Nebraska law. Under selected circumstances, however, it can become a Class IIA felony.
Strangulation can result in Class IIA felony charges in the following situations:
- The person used or attempted to use a dangerous instrument to commit the offense
- The individual caused serious bodily injury to another while committing the crime
- The accused has a prior conviction for strangulation
Neb. Rev. Stat. § 28-109 defines serious bodily injury as any physical injury that carries a significant risk of death, severe permanent disfigurement, or extended loss or impairment of any bodily function. Due to the potentially severe sanctions someone may face for a strangulation conviction, it may be important to reach out to a strangulation lawyer in Omaha for advice.
What Are the Potential Penalties?
A conviction for a Class IIIA felony may result in a maximum three-year prison sentence, a maximum of 18 months of post-release supervision, a $10,000 fine, or both. There is no minimum mandatory sentence of incarceration for a strangulation conviction, but if the judge imposes a sentence of imprisonment, a person will generally be subject to a minimum of nine months of post-release supervision.
If someone is facing a conviction for a Class IIA felony, he or she could serve up to 20 years in prison. However, Nebraska law provides no minimum sentence of incarceration for a Class IIA felony conviction.
Collateral Consequences of a Conviction
A felony strangulation conviction can result in a permanent prohibition on possessing firearms under federal law. An offense involving domestic violence also may lead to the loss of your second amendment rights and/or imposition of a civil order of protection, which can restrict who a person can communicate with and where he or she can go.
Since strangulation is a felony offense, convicted individuals may suffer severe disadvantages when trying to attend college, get a better job, or pursue a new career. A conviction may make someone ineligible for certain professional licenses and be unable to work in specific fields or industries as a result of his or her criminal background.
Reach Out to an Omaha Strangulation Attorney
An Omaha strangulation lawyer may be able to help minimize the impact of strangulation charges on your life. Fight back against the potential penalties that a felony conviction may bring by contacting Berry Law for advice. Reach out today for a confidential case evaluation.