Nebraska Domestic Violence

Crimes of domestic violence in Nebraska are prosecuted and punished under the state’s domestic assault laws. A domestic assault arrest in Nebraska can result in misdemeanor or felony charges, depending on the defendant’s intent and the extent of the injuries sustained by the alleged victim. In fact, nearly all domestic assault offenses are prosecuted as felonies in Nebraska, except for a third-degree domestic assault charge as a first offense. In the state of Nebraska, a felony conviction has long-lasting legal ramifications that continue long after you have served your sentence. If you are convicted of felony domestic assault, you could lose some of your most basic rights, such as your right to vote, own a firearm, serve as a juror or hold public office, among other long-lasting repercussions. You could even be restricted in your ability to obtain occupational or professional licenses. If you are facing charges for misdemeanor or felony domestic assault in Nebraska, you need an experienced Nebraska criminal defense attorney on your side who understands what exactly is at stake and how to get you the best outcome in your case.

Nebraska Domestic Violence Laws and Penalties

Nebraska’s domestic violence law can be found under Nebraska Revised Statute § 28-323, which makes it a crime to commit domestic assault, or assault against an intimate partner. Each state has its own laws regarding who qualifies as an intimate partner. In Nebraska, an intimate partner means a current or former spouse, people who have a child in common and people who are or were involved in a dating relationship. Nebraska’s domestic violence law classifies domestic assault by degree and the offenses range in severity from least serious (domestic assault in the third degree) to most serious (domestic assault in the first degree).

Domestic Assault in the Third Degree – Neb. Rev. Stat. § 28-323(1)

A person can be charged with the crime of domestic assault in the third degree under Neb. Rev. Stat. § 28-323(1) if he or she knowingly and intentionally causes bodily injury to an intimate partner, threatens an intimate partner with imminent bodily injury, or threatens an intimate partner in a menacing manner. Violation of this domestic assault law is a Class I misdemeanor carrying a possible penalty of imprisonment for a maximum of one year and/or a maximum fine of $1,000. However, if the defendant has one or more prior convictions for causing or threatening to cause bodily injury to an intimate partner, a new third-degree domestic assault offense can be charged as a Class IIIA felony carrying a possible penalty of up to three years in prison and 18 months post-release supervision, and/or a maximum fine of $10,000.

Domestic Assault in the Second Degree – Neb. Rev. Stat. § 28-323(2)

A person can be charged with the crime of domestic assault in the second degree under Neb. Rev. Stat. § 28-323(2) if he or she knowingly and intentionally causes bodily injury to an intimate partner with a weapon or dangerous instrument. Violation of this Nebraska domestic assault law is typically charged as a Class IIIA felony, punishable by a maximum sentence of three years in prison and 18 months post-release supervision, and/or a maximum fine of $10,000. However, if the defendant has one or more prior convictions for second-degree domestic assault, a new second-degree domestic assault offense can be charged as a Class IIA felony, punishable by a maximum sentence of 20 years in prison.

Domestic Assault in the First Degree – Neb. Rev. Stat. § 28-323(3)

The most serious domestic assault charge in Nebraska is domestic assault in the first degree. A person can be charged with this assault crime under Neb. Rev. Stat. § 28-323(3) if he or she knowingly and intentionally causes serious bodily injury to an intimate partner. Violation of this Nebraska domestic assault law is typically classified as a Class IIA felony, punishable by a prison term of up to 20 years. However, if the defendant has one or more prior convictions for first-degree domestic assault, a new first-degree domestic assault offense can be charged as a Class II felony, punishable by a prison term of up to 50 years.

No-Contact Orders & Domestic Violence Protection Orders

It is common in Nebraska domestic assault cases for the court to issue a criminal no-contact order, which is a court order that prohibits the accused from contacting the alleged assault victim either directly or indirectly. Alleged victims of domestic assault can also petition the court for a civil domestic violence protection order against the accused. A domestic violence protection order can do many things, possibly including:

Ordering the accused (the respondent) to refrain from assaulting, threatening, attacking or otherwise disturbing the peace of the petitioner,
Removing the respondent from the petitioner’s home, regardless of who owns the home,
Awarding the petitioner temporary custody of any minor children,
Ordering the respondent to refrain from possessing or purchasing a firearm,
Ordering the respondent to refrain from contacting or communicating with the petitioner, and/or
Ordering any other relief deemed necessary to provide for the safety and welfare of the petitioner.

It is important to note that violating a no-contact order or a protection order is a separate criminal offense under Nebraska law and to do so is to face additional criminal charges.

An Experienced Nebraska Domestic Violence Lawyer Can Help

Domestic assault is prosecuted and punished aggressively in the state of Nebraska. Depending on your criminal history and the circumstances surrounding your charges, you could face up to 50 years in prison for a Nebraska domestic assault conviction. A conviction for domestic assault will also become part of your permanent criminal record, which can create problems in your personal and professional life, not to mention cost you some of your basic rights of citizenship. If you have been arrested and accused of domestic assault in Nebraska, there is no time to waste. The consequences of a domestic assault conviction are severe and long-lasting, and a criminal defense attorney can help. Contact a knowledgeable Nebraska domestic violence defense attorney as soon as possible to protect your legal rights and safeguard your future. A good defense lawyer will consider the unique circumstances of your case and develop the strongest possible strategy for your defense.