Assault can take many forms under Nebraska law, and it doesn’t even have to involve any physical injury to another person. Even if you never made contact with the alleged victim, you could still be arrested if law enforcement believes you threatened them to the point that they reasonably feared being harmed.

If you are facing assault charges in Nebraska, you should prioritize talking to an experienced criminal defense attorney. A Papillion assault lawyer from Berry Law can help you effectively fight the charges you’re facing and ensure your rights are protected.

When is Assault Charged as a Misdemeanor Offense?

Only two types of assault are classified as misdemeanor offenses in Nebraska. Nebraska Revised Statutes §28-310 defines assault in the third degree as any intentional or reckless action that causes someone else to suffer bodily harm. A person can also be charged with third-degree assault for allegedly addressing someone else in a threatening or menacing manner.

Third-degree assault is Class II misdemeanor if it occurs during a fight which all involved parties consented to participating in and can result in a maximum of 6 months in jail. Otherwise, it is a Class I misdemeanor punishable by up to 12 months in prison. Both charges may also result in a fine of up to $1,000 upon conviction.

Furthermore, Neb. Rev. Stat. §28-323 defines a first-time third-degree domestic assault as a Class I misdemeanor. According to this statute, domestic assault is committed against a current or former intimate partner, roommate, or spouse. An attorney at our firm can offer more insight about what circumstances may give rise to misdemeanor assault charges.

Felony Assault Charges in Papillion

Most assault offenses defined under state law are considered felonies, meaning that they may result in more than 1 year of imprisonment upon conviction. According to Neb. Rev. Stat. §28-309, assault in the second degree is defined as intentionally injuring someone else with a dangerous instrument, recklessly causing serious injury with an instrument, or unlawfully striking or injuring someone else while in law enforcement custody. A conviction for second-degree assault is a Class IIA felony and may lead to a prison sentence of up to 20 years.

First-degree assault is a Class II felony under Neb. Rev. Stat. §28-308 and is defined as intentionally causing severe bodily injury to another person. A conviction for assault in the first degree would result in a prison sentence between 1 and 50 years. Seeking representation from an experienced defense lawyer is important for anyone charged with second- or first-degree assault in our area, as a felony conviction could be detrimental to your future.

Domestic assault can also be a felony under Neb. Rev. Stat. §28-323 if someone allegedly causes their intimate partner any physical harm, or if they have been previously convicted of domestic assault in the past.

Talk to a Papillion Assault Attorney Today

Working with a dedicated assault attorney at Berry Law could help you successfully contest your assault charges. State and federal statutes regarding assault offenses can be broadly interpreted by law enforcement, and you may have trouble effectively defending yourself if you are unfamiliar with how state law and legal precedent impacts these cases.

Our legal team has experience defending clients facing assault charges, and we have the legal firepower to help you fight yours. To schedule a confidential consultation with a Papillion assault lawyer from our firm, call us today.

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