ASSAULT AND BATTERY ATTORNEYS IN OMAHA, NEBRASKA

According to the latest published statistics from the FBI Uniform Crime Reporting (UCR) Program, in 2019 there were 5,821 reported cases of violent crimes in Nebraska, comprising 3,731 aggravated assault incidents. In the state of Nebraska, a person may be charged with assault crimes for intentionally causing a physical injury to another person. A defendant convicted of assault could face a lengthy prison sentence, massive fines, a criminal record, and other life-changing ramifications, depending on the severity of the physical injuries caused and a host of other variables.

If you're under investigation for assault and battery crimes, it is imperative that you retain a highly skilled and aggressive Nebraska criminal defense attorney immediately. At Abrahamson Law Office, we are dedicated to offering experienced legal guidance and vigorous representation to clients in their assault and battery cases. As your attorney, we will review and investigate every last detail of your case and craft an effective defense strategy for your unique situation. Our team will fiercely fight to defend your rights and provide you with a zealous defense.

Abrahamson Law Office proudly represents clients across Omaha, Nebraska, and the surrounding communities of Sarpy County, Washington County, Saunders County, Dodge County, and Otoe.

What's The Difference Between Assault And Battery?

Assault and battery are two terms that are often used together. However, there are certain differences between them. Typically, an assault involves a threat of bodily harm. Battery involves unwanted physical contact.

In Nebraska, assault and battery denote the same offense. Under Nebraska law, a person commits the offense of assault if he or she intentionally causes bodily injury to another person. Assault offenses may be classified into either misdemeanor or felony, depending on the degree.

Types of Assault Charges in Nebraska

In the state of Nebraska, the offense of assault can be categorized into first-degree assault, second-degree assault, and third-degree assault.

First-Degree Assault

According to Nebraska Revised Statute Section 28-308, a person commits the offense of assault in the first degree if he or she intentionally or knowingly causes serious bodily injury to another person. In Nebraska, a serious bodily injury is an injury that involves:

• A substantial risk of death

• Substantial risk of serious permanent disfigurement

• Protracted loss or impairment of the function of any part or organ of the body

Penalties: Assault in the first degree is a Class II felony, and is punishable by 1 to 50 years in prison.

Second-Degree Assault

Pursuant to Nebraska Revised Statute Section 28-309, a person commits the offense of assault in the second degree if he or she:

• Intentionally or knowingly causes bodily injury to another person with a dangerous instrument

• Recklessly causes serious bodily injury to another person with a dangerous instrument

• Unlawfully strikes or wounds another person who is legally confined in a jail or in the legal custody of the Department of Correctional Services

Penalties: Assault in the second degree is a Class IIA felony, and is punishable by up to 20 years in prison.

Third-Degree Assault (Misdemeanor Assault)

Under Nebraska Revised Statute Section 28-310, a person commits the offense of assault in the third degree if he or she:

• Intentionally, knowingly, or recklessly causes bodily injury to another person

• Threatens another in a menacing manner

Penalties: Assault in the third degree is a Class I misdemeanor or Class II misdemeanor (committed in a fight or scuffle).

• Class I misdemeanor: Punishable by up to one year in jail, a maximum fine of $1,000, or both.

• Class II misdemeanor: Punishable by up to 6 months in jail, a maximum fine of $1,000, or both.

A skilled criminal defense attorney can review the surrounding circumstances of your case, help you understand the possible consequences of an assault conviction, and determine your best defense strategy.

Possible Defenses

When facing assault and battery charges in Nebraska, the possible defenses include:

• Self-defense

• Accidental contact

• Defense of others

• Defending property

• Mistaken identity

• Lack of malice

• Consent, such as physical training or playing sports

• Performance of duty, for instance, a security guard's job

An experienced assault defense attorney can evaluate every last detail of your case and fight vigorously to protect your legal rights.

How Legal Counsel Can Help

Defending your assault and battery accusations on your own could expose you to the risks of getting convicted and suffering the maximum penalties. If convicted, you could be facing devastating consequences, including a lengthy jail term, huge fines, and a criminal record. When facing assault or battery charges, retaining a highly skilled criminal defense attorney is paramount to protecting your rights.

At Abrahamson Law Office, our attorneys have the experience and resources to guide and represent clients facing assault and battery charges. As your legal counsel, we will evaluate every detail of your case, conduct an in-depth investigation, and strategize an effective defense in pursuit of a favorable outcome. Our team will help you navigate the Nebraska criminal justice system, guide you through every phase of the legal proceedings, and improve your chances of a better tomorrow.