Individuals facing domestic violence charges in Omaha have a lot to lose. The penalties associated with a domestic assault conviction are typically severe, with long prison terms and hefty fines. Working with an experienced attorney who understands the nuances of the local court system can help minimize the potential impact of a conviction.
The consequences for a domestic violence conviction extend beyond a prison sentence and fine. For this reason, it is important to consult with an attorney who can explain the potential effects that a conviction can have in the future.
Defining Domestic Violence in Omaha
Domestic violence occurs when an individual inflicts either physical or emotional damage to another member of the household. The most common form of domestic violence is between domestic partners or significant others.
Domestic assault is charged based on the type of assault committed. Nebraska Revised Statutes §28-238 defines three degrees of domestic assault. First degree domestic assault occurs when an individual intentionally and knowingly causes serious bodily injury to his or her intimate partner.
Second degree domestic assault occurs when an individual intentionally and knowingly causes bodily injury to his or her intimate partner with an instrument. Third degree domestic assault occurs when an individual causes bodily injury, threatens a partner in a menacing manner, or threatens an intimate partner with bodily injuries.
Immediate Consequences of a Domestic Violence Conviction
The most immediate consequence for a domestic violence conviction in Omaha is jail time. Other consequences include the potential loss of gun rights under federal law, probation, or limitations on the ability to contact loved ones such as significant others, spouses, or children.
A felony conviction can also lead to other problems down the road. A felony conviction can make it more difficult to find a job, influence your professional license, and inhibit your right to vote.
Strengthening a Case
A person who has been charged with domestic violence should contact an experienced lawyer from Berry Law as soon as possible. Additionally, it is important not to make any statements without consulting a dedicated attorney.
Text messages and the defendant’s explanation of what happened, alibis, or other information may contradict or explain the alleged behavior that’s described in the police report. Evidence such as this can be used to avoid a domestic violence conviction in Omaha.
Common Defenses in Domestic Violence Cases
A lawyer can help a defendant argue that he or she was acting in self-defense or in defense of others. For example, if other people are facing a threat of harm and the defendant uses force to protect them, that could be a viable defense.
Let a Lawyer Fight Your Domestic Violence Charges in Omaha
A domestic violence conviction can be devastating. The legal consequences of a conviction extend beyond jail time and fines. That is why it is so important that you contact an experienced Omaha domestic violence lawyer if you are facing domestic assault charges. Call Berry Law Firm today to learn more about how our lawyers can fight your domestic violence charges in Omaha.