Domestic Assault Laws in Nebraska

Domestic assault is a serious offense in Nebraska, carrying significant legal consequences. Understanding the law, penalties, and definitions is essential for anyone facing charges or seeking to protect themselves.

Definition of Domestic Assault

Under Nebraska law, domestic assault occurs when a person intentionally and knowingly causes bodily injury to their intimate partner or threatens them in a menacing manner. An intimate partner can include a spouse, former spouse, individuals who have a child in common, or those who are or were in a dating relationship.

Degrees of Domestic Assault

First Degree Domestic Assault

This involves intentionally and knowingly causing serious bodily injury to an intimate partner. It is classified as a Class IIA felony for a first offense and a Class II felony for subsequent offenses.

Second Degree Domestic Assault

This degree involves intentionally and knowingly causing bodily injury with a dangerous instrument. It is a Class IIIA felony for a first offense and a Class IIA felony for subsequent offenses.

Third Degree Domestic Assault

This is the most common charge and involves causing bodily injury or threatening an intimate partner in a menacing manner. It is a Class I misdemeanor for a first offense and a Class IIIA felony for subsequent offenses.

Penalties for Domestic Assault

The penalties for domestic assault in Nebraska depend on the degree of the offense and the defendant’s prior criminal history. Felony convictions can result in years of imprisonment, while misdemeanors may result in up to one year in jail and/or a fine.

Protective Orders

Victims of domestic assault can seek protection through the courts. A protection order can prohibit the accused from contacting or coming near the victim. Violating a protection order is a separate criminal offense.

Defenses to Domestic Assault Charges

Common defenses include self-defense, false allegations, or lack of intent. Each case is unique, and legal counsel is recommended to navigate the complexities of the law.

Impact of a Domestic Assault Conviction

A conviction can have long-lasting effects, including loss of gun rights, difficulty finding employment, and damage to personal relationships. Repeat offenders face harsher penalties and may be classified as habitual offenders under Nebraska law.

What classifies someone as a habitual offender?

Legal Assistance

If you are facing domestic assault charges, it is crucial to seek experienced legal representation. An attorney can help protect your rights and provide guidance throughout the legal process.