While there is no strict legal definition of what constitutes a violent crime in Nebraska, virtually all such offenses involve force and threats of force and result in some harm or injury to others. Due to the potential severity of the penalties for these crimes, seeking the assistance of an Omaha violent crimes lawyer from Berry Law Firm may be highly beneficial if you are facing charges for a violent crime.
As a result of the nature of criminal charges for violent acts, individuals may be incarcerated on a pre-trial basis for these charges we very high bonds. In fact, sometimes there is no bond at all in the case of murder charges. Requesting a lower bond based on your circumstances may gain your release from incarceration so that you can focus more effectively on your defense and trial preparation. This is another area of immediate concern that a dedicated criminal defense attorney may be able to help.
Defining Violent Crimes in Omaha
While state law does not specifically define violent crimes, the federal government does classify four different criminal offenses expressly as violent crimes:
- Murder and non-negligent manslaughter
- Forcible rape
- Aggravated assault
All these offenses involve force or a threat of force and often result in severe injuries to the alleged victims. However, other types of offenses may qualify as violent crimes as well. For example, if an individual uses or threatens others with a deadly weapon during the commission of a crime, the offense inherently becomes a violent one.
An Omaha violent crimes attorney could elaborate on the two primary criteria used to distinguish violent and non-violent crimes. First, violent crimes typically involve an alleged victim. This can change the way the state chooses to prosecute a case and its outcome. Second, the penalties for conviction for a violent criminal offense tend to be far more severe than those for a non-violent crime.
Common Violent Criminal Offenses
Most violent crimes involve direct harm to another person, in the form of either intentional infliction of injury or a collateral consequence of committing another crime. A violent crimes lawyer in Omaha may be instrumental in minimizing the potential impact of violent criminal charges on an accused person’s life.
Under Nebraska law, murder encompasses the intentional killing of another person with premeditation and malice, the killing of another person in conjunction with the actual or attempted commission of certain serious crimes, or the killing of another person through poisoning. Murder is the criminal offense with the most potentially severe ramifications in Omaha, as it can result in a death sentence.
First-Degree Sexual Assault
Rape or first-degree sexual assault occurs when an individual subjects another person to sexual penetration without his or her consent, or when the initiating party knew or should have known that the other was mentally or physically unable to resist or make a decision about the conduct. Rape also includes situations in which individuals 19 years of age or older engage in sexual conduct with someone between 12 and 15 years old. Upon conviction, this offense can result in a prison sentence of up to 50 years.
When individuals illegally take property directly from others by using force or coercion, it is considered robbery under Nebraska state law. As this offense involves violent behavior by definition, it carries the potential for more severe penalties than theft or burglary, both of which typically do not include direct physical contact with others.
First-degree assault involves purposely causing severe bodily injury to others, or injuries which pose a substantial risk of death, a significant risk of permanent disfigurement or impairment of any bodily or organ function are typically more severe. Nebraska law has also established a separate criminal charge for assault with a deadly weapon, as well as for various degrees of assault against law enforcement officers.
Consult an Omaha Violent Crimes Attorney for Advice
The potential repercussions of a conviction for a violent crime can include lengthy prison terms, hefty fines, restitution to the alleged target(s) of the offense, and even a death sentence in the case of murder. An Omaha violent crimes lawyer may be able to help you fight back against the potential penalties that you are facing and work toward a favorable resolution of your case.
Violent criminal offenses are all felonies, meaning they will remain on your criminal record permanently and may impair your ability to seek employment, further your education, or secure housing. As a result, it can be instrumental to obtain experienced legal counsel if you are facing prosecution for a violent crime. Call Berry Law Firm today to schedule a confidential consultation.