Lincoln Assault Lawyer

Lincoln Assault Attorney

Assault charges can result in serious long-term consequences, including imprisonment. With so much at stake, it is crucial that you request the help of a Lincoln assault lawyer to navigate your case.

Can You Defend Against an Assault Charge?

A seasoned Lincoln criminal defense lawyer can help you build a strong defense case whether you are innocent of the assault charge or guilty. We can look at the circumstances surrounding the incident, the severity of the harm, and the intent behind it in order to create a defense tailored to your situation. We aim to provide aggressive advocacy for our clients and comprehensive assistance during this complex legal process.

First-Degree Assault

A first-degree assault charge can be assigned if a person intentionally or knowingly causes harm to another person. When quantifying harm, there is a distinction between ‘bodily injury’ and ‘serious bodily injury.’ Serious bodily injury occurs when an injury is severe enough to facilitate the risk of death, permanent disfigurement, or prolonged impairment of a body part.

These are the most serious kinds of assault charges and can include offenses such as:

• Breaking a person’s bones
• Shooting, stabbing, or hitting a person in a way that causes extensive blood loss
• Cutting someone in a way that results in scarring and disfigurement

First-degree assault is considered a Class II felony. Class II felonies have a minimum of one year of imprisonment and a maximum of fifty. An attorney can examine the facts of your case and create a defense that minimizes the penalties you might face.

Second-Degree Assault

Unlike first-degree assault, which does not require an instrument to inflict injury, second-degree assault requires a person to have used a dangerous instrument to injure someone. This does not necessarily have to be a weapon; any object that is capable of inducing harm when it is used can constitute a dangerous instrument.

Regardless of what instrument is used, the act must result in serious bodily injury to be considered a second-degree assault. This is a Class IIA felony, punishable by up to twenty years of imprisonment.

Third-Degree Assault

Third-degree assault is considered a misdemeanor and can be punishable by imprisonment of up to one year and a fine. This assault charge does not even require a person to have laid hands on the other.

A third-degree assault charge can look like:

• Threatening a person in a menacing manner
• Recklessly or intentionally causing bodily injury

How to Defend Against an Assault Charge in Lincoln, NE

To defend against an assault charge in Nebraska, an experienced attorney can develop their case around the particular circumstances of the assault, posing questions about:

• The level of harm – If the victim’s injuries don’t qualify as serious bodily injuries, you may be able to argue for reduced penalties
• Lack of intent – One of the most important factors in an assault case is the intent to inflict harm on someone
• Self-defense – Self-defense can be argued if the defendant only committed the offense because the alleged victim threatened or attacked them first

It is important to remember that you still have the right to thorough and compassionate advocacy if you have committed an assault. A seasoned defense lawyer should advocate for a reduction of penalties for you whether you committed the crime or not.

Defense Based on Innocence

In some cases, a person can be wrongfully charged with an assault, either because law enforcement reprimanded the wrong person or because the incident did not occur as described. If this is the case, an attorney can help you create a defense using witness testimonies and alibis.

Defense Based on Intent and Level of Harm

Even if you committed an assault, you may be able to build a case that reduces your potential sentence. If we cannot argue innocence, we can look at the other circumstances affecting the incident.

A sentence can be reduced if the level of harm that the alleged victim endured does not constitute serious bodily injury. Additionally, proving a lack of intent can result in a reduced sentence, even when the person sustained an injury.

Self-Defense in an Assault Charge

You may also be able to argue that the offense was committed in self-defense. Self-defense is a common method of defense in assault charges. A judge may reduce your sentence if they found that the alleged victim threatened, provoked, or attacked the defendant first.

Lincoln Assault FAQs

Q: What Is the Sentence for Assault in Lincoln, NE?

A: In Lincoln, NE, the sentence for an assault charge is highly specific to the degree of the assault. Third-degree assault charges can result in a shorter imprisonment period and a fine, while first-degree assault charges can result in a very lengthy imprisonment. An accomplished assault attorney is a vital resource in securing a lighter sentence for you.

Q: What Is the Optimal Defense Against an Assault Charge?

A: An optimal defense against an assault charge can be created through collaboration and honest cooperation with your trusted legal counsel. Whether you committed the offense you were charged with or are defending your innocence, a solid defense can be crafted by a skilled criminal defense attorney. We encourage you to enlist the help of an experienced assault attorney to avoid the pitfalls of self-representation.

Q: Can You Drop Assault Charges in Lincoln, NE?

A: Assault charges cannot be dropped in Lincoln, NE. Nebraska has what is considered a “no-drop” policy, meaning the only way you can remove a charge from your record is through proven innocence. This rule was set in place to protect victims of violence and limit potential violence from the alleged perpetrator.

Q: What Is the Statute of Limitations on Assault in Lincoln, NE?

A: The statute of limitations varies for specific types of felonies and misdemeanors in Nebraska. The timeline for reporting these offenses is dependent on the category of the crime, so it is important to know what kind of assault is in question. If you are unsure how to categorize your offense, we advise you to speak with an attorney as soon as possible.

Seek Help From a Seasoned Lincoln Assault Law Firm

Assault charges can take many forms and warrant thorough, dedicated legal counsel to dispute. The consequences of an assault charge can be devastating, so it is wise to put your trust in the hands of a skilled defense attorney. Contact Sopinski Law Office today to schedule your consultation. We can craft a solid defense tailored to your highly individual needs.