Omaha Assault Lawyer

Omaha Assault Attorney

In 2023, Omaha recorded 2,713 violent crimes, and assaults made up a high percentage of that number. Being accused of assault is as overwhelming as it is daunting. You may feel like you have to face it all alone, but hiring an Omaha assault lawyer can make a huge difference for both your case and your experience.

In some states, there are situations where someone has been accused, only for the victim to change their mind after reevaluating the situation. Due to the No-Drop Policy in Nebraska, supposed victims of assault are not able to drop any charges against a supposed assaulter once they have been filed.

This can potentially lead to situations where someone has been wrongfully and impulsively accused of assault, and now both the individual and the victim have no way out of the charges unless the prosecution decides there is not enough evidence. Having an Omaha criminal defense lawyer advocating for you may quickly become the difference between conviction and liberation.

What Counts as Assault?

In Nebraska, assault occurs when an individual intentionally harms or threatens to harm another individual or individuals. The lowest level of assault can be categorized as a Class 2 misdemeanor but can easily turn into felonies if the level of assault is drastic enough.

What Do the Different Degrees of Assault Mean?

There are three different levels or degrees of assault charges in the state of Nebraska, ranging from the third degree, which is the lowest, to the first degree.

Here is more information on all three:

Third-Degree Assault

This level of assault can be considered a Class 1 or 2 misdemeanor. It involves intentionally, recklessly, or knowingly causing another bodily injury or threatening another individual with menacing behavior. Some examples of this are as follows:

• Intentionally throwing a plate or glass bottle at someone
• Pushing someone toward a sharp object
• Hitting or kicking someone on purpose
• Throwing a large or heavy object at someone
• Recklessly shoving someone down some steps

Penalties for third-degree assault can include monetary fines of up to $1,000 and potential time in prison.

Second-Degree Assault

This level of assault carries felony penalties if you are convicted. It involves the following:

• Knowingly and/or intentionally causing bodily injury with a dangerous instrument (kicking someone while wearing steel-toed boots)
• Recklessly causing serious bodily harm with a dangerous instrument (throwing a knife that then lands in someone’s eye)
• Unlawfully striking or wounding an individual while at a correctional facility (beating someone up or stabbing them with a fork)

Due to second-degree assault charges being classed as felonies, the potential penalties for someone convicted of the assault are much steeper, potentially leading to being required to serve a maximum of 20 years in prison.

First-Degree Assault

First-degree assault is considered the most serious of the three, and the potential repercussions for it reflect this. An assault is considered first-degree if it meets one or more of the following requirements:

• Purposely breaking an individual’s arm, jaw, or leg
• Intentionally hitting, shooting, or stabbing an individual, leading to life-threatening internal bleeding and/or extreme blood loss
• Knowingly cutting an individual across their face in a way that will leave permanent and noticeable scarring

If you are convicted of assault in the first degree, you could be facing up to 50 years in prison.

Why Do I Need an Omaha Assault Lawyer?

Regardless of what degree of assault charges you are facing, there is a lot at stake. While you are legally allowed to represent yourself, you will most likely benefit from having a skilled Omaha criminal defense lawyer assist you with the process. The knowledge and insight they offer can make a huge difference in how your trial turns out. Hiring an Omaha assault lawyer means shoring up your defense and protecting yourself in and outside of the courtroom.

At the Sopinski Law Office, lawyers are prepared to get to know you and your case. You have a right to a fair trial, and having an advocate on your side can be an asset in ensuring you are protected from potentially unfair treatment. Your lawyer can also help you build a strong and compelling case in Omaha, assisting you in your pursuit of the most ideal outcome.

Related Blog: Nebraska Crime Rate by City

Omaha Assault FAQs

Q: Can Assault Charges Be Dropped in Nebraska?

A: Courts in Nebraska operate under the “no-drop” policy, which means that once a victim has filed charges against an alleged assaulter, they cannot drop the charges. The prosecution, however, may drop the charges if there is not enough evidence to back up the original claim. This is a rare occurrence.

Q: How Much Does a Lawyer Cost for a Domestic Violence Case?

A: The overall price of a domestic violence defense lawyer varies in the state of Nebraska, but there are several different elements that factor into the final cost. This may include the lawyer you choose, the duration of your trial, and the level of complexity that fits with your unique case. The legal team at the Sopinski Law Office can help you build a case that is worth your time and money.

Q: What Is the Lowest Charge of Assault?

A: In the state of Nebraska, the lowest charge for assault is the “third-degree.” It can still be classified as a Class 1 misdemeanor, but it can be downgraded to a Class 2 if the assault was entered mutually. First and second-degree assaults are considered felonies, but third-degree assaults are classed as misdemeanors.

Q: What Is the Sentence for Third-Degree Assault in Nebraska?

A: The penalties for a third-degree assault conviction in the state of Nebraska can be 0-1 year in prison and up to a $1,000 fine. The penalty you actually receive depends on several different factors, so it is not a guarantee you would have to serve any time, but it is a potential repercussion of getting convicted.

Find Legal Representation Today

Facing assault charges can be lonely and overwhelming. Luckily, you do not need to face it alone. Someone is ready to help you at the Sopinski Law Office. Your lawyer can help you build a strong case and navigate the confusing legal system every step of the way. Contact us today to schedule a consultation.