Because it is such a sensitive topic, allegations of domestic violence are aggressively pursued by the government. As a result, a person’s reputation can be severely damaged with just an accusation, even if they are never found guilty.
Domestic violence can include acts of assault against family members or intimate partners. When facing allegations of domestic violence, it is vital to reach out to an Omaha domestic violence lawyer as soon as possible. A proactive defense attorney with Berry Law Firm can fight the charges you are facing and work toward a positive outcome for your case.
Domestic Violence Laws
The Nebraska Legislature defines domestic assault and the penalties associated with violations of the law in Nebraska Revised Statute §§28-323. This law applies specifically to interactions between a person and their intimate partner. An intimate partner includes the following:
- Former spouse
- A person with whom someone has a child in common with
- People who are dating or have dated
There are three degrees of domestic assault. The first degree is charged when the actor is accused of intentionally causing serious physical harm to an intimate partner. A first violation is a Class IIA felony, which is punishable by up to twenty years imprisonment. A subsequent violation is a Class II felony.
Second-degree domestic assault occurs when someone causes some form of physical harm to an intimate partner with a “dangerous instrument.” If a person violates this law, the court can find him or her guilty of committing a Class IIIA felony for a first offense, punishable by up to three years in prison and /or a fine of up to $10,000. A subsequent offense is considered a Class IIA felony.
Third-degree domestic assault is defined as intentionally and knowingly causing bodily harm to an intimate partner or threaten that person with imminent bodily injury or in a menacing manner. This is a Class I misdemeanor, which is punishable by up to one-year imprisonment and/or a fine of up to $1,000. Any subsequent offense is a Class IIIA felony.
Effects of a Conviction in Omaha
Charges and convictions related to domestic violence may have both criminal and civil legal consequences. Certain allegations under this statute are considered felonies. Felonies can stay on a person’s public record and affect his or her ability to vote, buy a gun, and work in certain career fields. In addition, it carries heavy sentences, including a maximum jail sentence of 50 years.
Civil consequences may include effects on a person’s divorce proceedings and custody determinations. The court may also issue an order of protection which limits the interactions a person can have with the alleged victim. Violations of protection orders may have additional penalties. Because of the far-reaching consequences of these offenses, it is crucial to work with an Omaha domestic violence lawyer.
Is it Possible to Get a Domestic Assault Charge Dismissed?
In some domestic assault cases, the most favorable outcome to seek is a full dismissal of all charges. While this may not be attainable in every case, it is possible in certain situations. For instance, if the prosecutors cannot prove your guilt beyond a reasonable doubt, the case may be dismissed altogether. We can advise you on the various legal options available in your domestic violence case, whether that includes seeking a reduction of charges, a dismissal, or even a plea deal.
How Can a Lawyer Help Fight Domestic Violence Charges in Omaha?
Let one of our lawyers help you build a compelling defense strategy to fight your domestic violence charges. Berry Law’s team can help anyone who has been arrested and charged for allegedly engaging in domestic violence. We can build the strongest possible defense based on the facts of the case. Our attorneys can review the available defense strategies to dismiss or reduce your domestic assault charges.
There are many different defense strategies our attorneys could use to help fight your charges. For example, self-defense may be a viable rebuttal to accusations of domestic assault.
Another defense strategy could revolve around where you were at the time of the alleged incident. We could prove that you weren’t even at the location by citing a strong alibi, typically provided by eyewitnesses who can attest to your whereabouts at the time of the crime.
There are many different defense strategies that may be effective based on the details of your case. Our experienced domestic violence attorneys can work to find a defense strategy that is most effective in your specific case.
Contact an Omaha Domestic Violence Attorney Today
Oftentimes, domestic violence cases involve different accounts of the altercation from both parties. This makes these cases especially difficult. A diligent attorney can listen to your side of the story and help you wade through the various issues involved. The sooner Omaha domestic violence lawyer is on your case, the sooner they can start fighting the charges against you. Call Berry Law today to schedule a confidential consultation.