If you are accused of committing or threatening violence against an intimate partner, the outcome of your case will depend on the exact nature of your charges. Depending on the circumstances, domestic assault can be charged as a misdemeanor or felony offense in Papillion, and the penalties you could face upon conviction vary accordingly.
Regardless of the specific charges you’re facing, you have the right to retain legal representation from a skilled criminal defense attorney. With guidance from a skilled Papillion domestic violence lawyer, you could have a greater chance of securing a positive resolution to your case.
Varying Degrees of Domestic Assault in Papillion
Nebraska Revised Statutes §28-323 defines three varying degrees of domestic assault. The least severe offense is domestic assault in the third-degree and occurs when a person knowingly and intentionally causes or threatens to cause bodily harm to an intimate partner. This offense may be elevated to second-degree domestic assault if the accused allegedly uses a dangerous instrument to intentionally and knowingly cause physical injury to their intimate partner.
Finally, the most severe is first-degree domestic assault and entails causing “serious bodily injury” to an intimate partner. A well-versed domestic violence attorney in our area can explain the nuances of these definitions in further detail during an initial consultation.
Potential Domestic Violence Penalties
Third-degree domestic assault is the only form of domestic violence that can be charged as a misdemeanor. Specifically, a first-time conviction for domestic violence would result in up to 1 year in jail as well as a maximum fine of $1,000. However, any subsequent third-degree domestic assault charges would be prosecuted as Class IIIA felony, with potential penalties including a 3-year prison sentence and a $10,000 fine.
Second-degree domestic assault is a Class IIIA felony for someone with no history of domestic violence, and a Class IIA felony for defendants previously convicted of domestic assault. Convictions under these circumstances could result in a maximum of 3 years in prison and a $10,000 fine, or a maximum of 20 years in prison.
Finally, a first-time offense for first-degree domestic assault is a Class IIA felony. Subsequent offenses would be prosecuted as Class II felonies and are punishable by up to 50 years in prison.
Additionally, any degree of domestic assault may be enhanced by 1 level if the alleged victim was pregnant at the time of the offense. Retaining a knowledgeable lawyer in Papillion can be especially important if you are facing enhanced penalties for domestic assault.
Domestic Assault and the Lautenberg Amendment
Individuals facing criminal charges for domestic violence should also be aware of the Lautenberg Amendment. The Lautenberg Amendment is a widely known amendment to the federal Gun Control Act, and it prohibits individuals who have been convicted of domestic violence misdemeanors from possessing a firearm. This can be detrimental if your career relies on you possessing a firearm.
However, Lautenberg could also impact you even if you are not convicted of domestic assault. As long as the circumstances of the case are domestic in nature, you could be impacted by Lautenberg.
Learn More from a Papillion Domestic Violence Attorney
A conviction for domestic violence can derail your career, lead to jail time, and cause unforeseen problems in the future. If you are arrested for a domestic offense, you may be facing felony charges in most circumstances. Even if you are only charged with a misdemeanor, a conviction could still have a significant impact on both your personal and professional career.
Getting help from a qualified Papillion domestic violence lawyer can dramatically improve your odds of achieving a positive outcome in your case. To schedule a confidential consultation and learn more about your legal options, call Berry Law today.