Nebraska Domestic Violence Laws and Penalties

Facing domestic violence charges can be a devastating situation to find yourself in. Sometimes, just the accusation can be enough to cause permanent damage to your life, your reputation, and your social standing. Even if there is virtually no evidence against you aside from the accusation, the court may decide to restrict your access to your children or even bar you from your own home. Understanding the Nebraska domestic violence laws and penalties is vital to your case.

The legal team at the Sopinski Law Office understands how difficult and painful a domestic violence charge can be. The last thing you want is to be labeled an abuser or end up in prison because someone wanted to destroy your reputation. It is vital that you reach out to an experienced domestic violence defense lawyer who can help you put together a strong case for your defense. Having a good lawyer by your side can make all the difference when the time comes.

Nebraska Domestic Violence Laws and Penalties

Domestic violence happens when someone commits a physical or verbal act of violence against someone else that they share an intimate relationship with. Domestic violence doesn’t just happen between married couples or couples who are dating.

Domestic violence can occur between people who share a child, former spouses, family members, roommates, and even individuals who are casually dating. Domestic violence charges imply a familiar connection. In 2023, 828 arrests were made in Nebraska for violence against family and children.

Domestic violence charges in Nebraska are classified into three separate degrees, all of which vary in terms of seriousness. Third-degree domestic violence is the least serious, and first-degree domestic violence is the most serious, but all three are considered significant charges to be facing. If you are charged with any of them, it is vital to your case that you reach out to a lawyer and start working on your defense.

Here are the three degrees of domestic violence charges:

• Third-degree Domestic Violence: This form of domestic violence is defined as intentionally causing physical harm to an intimate partner or threatening them with violence. It’s considered a class I misdemeanor in Nebraska and could result in a penalty of one year in jail and a fine of up to $1,000. If you are charged with subsequent third-degree violations, you could be charged with a felony.
• Second-Degree Domestic Violence: This form of domestic violence occurs when someone uses a weapon to intentionally cause their partner serious harm. Using a weapon greatly increases the penalties for a class A felony, which carries a penalty of up to three years in prison and a fine of $10,000. Subsequent offenses could result in 20 years in prison.
• First-Degree Domestic Violence: This form of domestic violence is considered the most serious, as it results from knowingly causing severe harm to an intimate partner. It’s considered a class IIA felony, which carries a penalty of 20 years in prison. Subsequent violations could result in up to 50 years in prison.

What to Do When You Are Arrested?

If you are arrested for domestic violence, it is important that you do not resist. The last thing you want to do is have the police perceive you as violent. The charge may already be enough to do that. Don’t forget that you are innocent until proven guilty in a court of law, and you are afforded several rights that cannot be infringed upon. These include your right to remain silent and your right to legal counsel. You are going to need both in this trying time.

Domestic Violence Laws and Penalties FAQs

Q: What Constitutes a Felony Domestic Violence Charge in Nebraska?

A: For a domestic violence situation to be considered a felony domestic violence charge in Nebraska, the offender in question must intentionally cause severe harm to their intimate partner, whether that’s with a weapon or without. The primary focus is on the severity of the victim’s injury. If convicted, you could face up to 20 years in prison, depending on your situation.

Q: What Is Third Degree Domestic Assault in Nebraska?

A: In Nebraska, third degree domestic assault is considered a misdemeanor offense. It occurs when someone hurts their intimate partner intentionally or threatens violence upon them in a menacing manner. Generally, the injury is not serious enough to warrant a charge of first-degree domestic assault, and there was no weapon, which won’t warrant a charge of second-degree domestic assault. You could face up to a year in jail and a fine of $1,000.

Q: What Percentage of Domestic Violence Cases Are Prosecuted in Nebraska?

A: The percentage of domestic violence cases that are prosecuted in Nebraska is high for aggravated assault cases and for sexual assault cases. Domestic violence cases can be quite challenging to prosecute, especially if there is not much evidence against the alleged abuser. If you are charged with domestic violence, you should hire a lawyer to help build your defense.

Q: What Is the Attempt Statute in Nebraska?

A: In Nebraska, the attempt statute is Nebraska Revised Statute 28-201, which states that a person shall be guilty of attempting to commit a crime if they intentionally engage in conduct that would constitute a crime. You could still be convicted of trying to commit a crime if there is enough evidence against you. If caught in a compromising situation, you should immediately reach out to a defense lawyer for help.

Must Read: How Much Does a Criminal Defense Lawyer Cost in Nebraska?

Reach Out to a Domestic Violence Defense Lawyer Today

It can be humiliating and terrifying to be accused of domestic violence. People may start to demonize and condemn you before you’ve even had your day in court. Your story may travel fast and get out of control quickly. The most effective thing you can do for your defense is to hire an experienced domestic violence lawyer who can help you put together a case that defends your position.

The legal team at the Sopinski Law Office can help you build a solid defense strategy and work tirelessly to make sure you can defend yourself in court. Contact us to speak to a valued team member about the many ways we can help your case.