Even a minor assault cost can derail your potential employment alternatives and residing scenario.
Sadly, allegations of assault usually materialize when verbal arguments escalate into bodily contact.
In case you are accused of assault, it’s best to contact an lawyer on the Petersen Prison Protection Legislation as quickly as doable.
Legislation enforcement sometimes investigates assault allegations comparatively rapidly whereas the reported accidents are recent. Thus, you don’t want to attend till after the police carry you in for questioning to seek the advice of with a lawyer.
Our agency was established in 1995 and has important expertise representing these going through prison accusations.
Contact our group on the Petersen Prison Protection Legislation to debate your case.
What Is Assault?
Typically the primary query our purchasers ask about their case is, What’s assault in Nebraska?
Assault below Nebraska regulation is separated into three levels. The kinds of assault fluctuate based mostly on whether or not an object was used and the extent of accidents inflicted.
Third-Diploma Assault
Third-degree assault happens when an individual:
- Deliberately, knowingly, or recklessly causes bodily damage to a different individual; or
- Threatens one other individual in a menacing method.
Third-degree assault is a Class I misdemeanor until the assault occurred throughout a combat or scuffle entered into by mutual consent, wherein case the assault is a Class II misdemeanor.
A Class I misdemeanor carries a most of 1 12 months in jail and a advantageous of as much as $1,000. A Class II misdemeanor carries a most of six months in jail and a advantageous of as much as $1,000.
Second-Diploma Assault
Second-degree assault happens when an individual:
- Deliberately or knowingly causes bodily damage to a different individual with a harmful instrument;
- Recklessly causes critical bodily damage to a different individual with a harmful instrument; or
- Unlawfully strikes or wounds one other
- whereas legally confined in a jail or an grownup correctional or penal establishment;
- whereas in any other case in authorized custody of the Division of Correctional Providers; or
- whereas dedicated as a harmful intercourse offender below the Intercourse Offender Dedication Act.
A second-degree assault in Nebraska is a Class IIA felony. A Class IIA felony carries a most penalty of twenty years in jail.
A “harmful instrument” means any object that, due to its nature and the style and intention of its use, is able to inflicting bodily damage.
The prosecutor doesn’t must show that you simply supposed to harm the sufferer, solely that you simply supposed to make use of the damaging instrument within the method it was used.
To show the defendant acted recklessly, the prosecutor should present that the accused made a aware selection of their use of the damaging instrument that constituted a disregard of the substantial and unjustified threat to a different individual.
First-Diploma Assault
In Nebraska, first-degree assault happens when somebody deliberately or knowingly causes critical bodily damage to a different individual.
The statute doesn’t outline what qualifies as a critical bodily damage and leaves it as much as the jury to make the willpower.
First-degree assault examples of great bodily accidents embrace:
- Knife wounds requiring 13 stitches and creating a considerable threat of loss of life,
- Gunshot wound to the chest, or
- A concussion mixed with a nasal fracture.
First-degree assault is taken into account a Class II felony. A Class II felony carries a most potential penalty of fifty years in jail and a minimal penalty of 1 12 months in jail.
If You Want Help with Assault Fees in Nebraska, Contact Petersen Prison Protection Legislation As we speak
Even a minor assault conviction can lead to critical penalties, just like the lack of your particular person rights.
A educated and skilled prison protection lawyer can negotiate with the prosecutor and current an argument in your case that bolsters the chance of a positive end result.
Legal professional Tom Petersen has the instruments, information, and assets mandatory to assist put together an aggressive protection to assault allegations in Nebraska.
Our group has many years of authorized expertise, dealing with over 6000 prison protection issues all through our agency’s lifetime.
When your rights are at stake, you can’t afford to rent a lawyer who is just not ready to correctly defend your case.
In case you are in search of an lawyer who will combat in your rights and advocate for a fascinating final result, contact the group at Petersen Prison Protection Legislation immediately.
Legal professional Petersen was invited to hitch the Nationwide Advocacy for DUI Protection (NAFDD) group in 2013. NAFDD vets hundreds of attorneys and solely chooses those that have achieved stellar leads to DUI protection instances. Legal professional Petersen was named one of many High 50 protection attorneys in Nebraska out of greater than 5,000.
