Columbus Assault Lawyer

Columbus Assault Attorney

While Columbus boasts a 66.96% lower assault rate compared to the state of Nebraska as a whole, it is important to remember that this does not make you immune to assault charges or their serious consequences. If you’re facing charges, you need a Columbus, NE assault lawyer from Sopinski Law Office to protect your rights and build a strong defense strategy for you.

Different Types of Assault Charges

In Nebraska, assault is categorized into three levels, with the severity of the offense determined by factors such as the use of weapons and the extent of the harm caused. These levels include:

Third-Degree Assault

Third-degree assault is when an individual inflicts physical harm on another, whether it be on purpose or through careless or reckless actions. It can also include threats against another person. This is a Class I misdemeanor unless the assault arises from a mutually agreed-upon physical altercation, then it is considered a Class II misdemeanor.

Class I misdemeanors can result in up to a year in prison and a $1,000 fine, while Class II misdemeanors can result in a maximum of six months in jail and a $1,000 fine.

Second-Degree Assault

A person can be charged with second-degree assault if they deliberately inflict physical harm on someone or carelessly cause severe physical harm to another person using a weapon or any object as a “dangerous instrument.” A second-degree assault charge in Nebraska is a Class IIA felony that carries a maximum penalty of twenty years in prison.

The prosecution is not required to prove there was intent to cause injury. It is enough if they can demonstrate that the accused intended to use the weapon or dangerous instrument in the way they did.

First-Degree Assault

First-degree assault is when someone inflicts significant physical harm on another person. The law does not precisely define “significant physical harm,” instead delegating the responsibility to the jury to decide. Significant bodily harm may be knife wounds that require stitches, gunshots, brain trauma, or any other action that threatens a person’s life. This level of assault is classified as a Class II felony, which can mean a prison sentence ranging from a minimum of one year to a maximum of fifty years.

Other Consequences for Assault in Nebraska

Besides incarceration, probation, and substantial fines, those convicted of assault may face consequences that impact their future for many years. A conviction means you now have a criminal record, which can impact future employment, housing, and educational opportunities. You could also lose custody or visitation rights of your children along with your right to firearm ownership, vote, sit on a jury, or hold public office.

You may also be ordered to pay restitution to the victim to compensate them for any medical expenses. They may file for an order of protection against you that restricts your contact with them. Sometimes, people may experience social stigma due to their criminal record or experience a breakdown of their relationships.

Potential Defenses

In Nebraska, individuals charged with assault have several potential legal defenses that will vary depending on the details of the case. Defenses can include:

• Self-defense
• Defense of others
• Defense of property
• Accidental contact
• Mistaken identity
• Consent, such as participation in contact sports
• Lack of evidence

Unlike other states, Nebraska has a “no-drop” policy, which means prosecutors won’t dismiss charges at a victim’s request, so a common strategy in other states of challenging the credibility and reliability of the victim’s testimony may not be an option. A seasoned Columbus defense attorney can thoroughly examine your situation and pursue every avenue to defend your rights and protect your future.

The Role of a Defense Attorney in Assault Charges

The Columbus Police Department and the Platte County Sheriff’s Office quickly investigate and handle assault cases due to Nebraska’s proactive stance on violent crimes. This means you need to retain a lawyer as soon as possible.

If you’re being charged with a violent crime such as assault, your defense lawyer is your advocate. They can:

• work to understand the details of your case
• collect evidence that supports your defense
• create a plan to protect you
• potentially negotiate settlements for a reduction in consequences
• speak on your behalf, if your case goes to court

FAQs

Q: What Is Assault in Nebraska?

A: Assault in Nebraska is any act that puts someone in fear of, or actually inflicts, significant physical harm. The law divides assault into three different degrees, based on how severe the injury is and whether or not a weapon was involved. Third-degree assault is considered a misdemeanor while second and first-degree assault are felonies. If convicted, an individual may face fines, jail time, restrictions to firearm ownership, and other economic and social consequences.

Q: What Defenses Are Used in an Assault Case?

A: When facing assault charges, there are several defense strategies a legal team may take. These can range from reducing potential penalties to seeking an outright dismissal, depending on the specifics of the situation. Common defenses often involve claims of self-defense, acting in defense of others, lack of intent, mistaken identity, consensual act, defense of property, or lack of evidence.

Q: Can My Assault Charges be Reduced or Dismissed?

A: While it can’t be promised in each case or situation, assault charges can be reduced or dismissed. If you’re looking for reduced or dismissed charges in your case, having a skilled defense attorney who can craft an effective defense strategy and negotiate with prosecutors can make a significant difference in your case.

Q: What Should I Do If I’m Charged With Assault in Columbus, Nebraska?

A: If you have been accused of assault in Columbus, NE, it is normal to feel overwhelmed and unsure of what to do. Connecting with a lawyer right away can make a difference. At Sopinski Law Office, we can help you understand what is happening and guide you through the process. Meeting with a lawyer sooner rather than later is crucial for building a strong defense.

Consult With a Columbus Assault Attorney Today

Even a seemingly small assault accusation should be treated seriously. A guilty verdict can result in incarceration, financial penalties, permanent criminal records, and more. To maximize your defense, securing a skilled attorney is important when developing your defense strategy. Schedule a consultation with our team at Sopinski Law Office right away.