Nebraska laws classify domestic violence charges into three distinct degrees that measure the nature of the violence and the severity of the injuries. Third-degree bodily harm, the least serious charge, includes intentionally causing bodily harm to an intimate partner or threatening bodily harm. The damage caused does not have to be serious for an altercation to be considered third-degree domestic violence. These usually include injuries such as bruises, cuts, and abrasions. Because of how bodily harm can be considered «serious» or «non-serious,» these charges are often subjective. Second-degree domestic violence is punishable as a Class IIIA crime. A repeated offence of second-degree domestic assault is punishable as a Class IIA crime. A Class IIA crime is punishable by up to 20 years in prison. First-degree domestic violence is the most serious form of domestic violence. A person may be charged with first-degree domestic violence if they intentionally and knowingly inflict serious bodily harm on an intimate partner.
First-degree domestic violence is punishable as a Class IIA crime. Repeated charges of first-degree domestic violence carry up to 50 years in prison as a Class II crime. If appropriate for you, a lawyer can investigate whether your intimate partner has falsely accused you of domestic violence on another ground, such as obtaining custody of the children. If you have been charged or charged with domestic violence in Nebraska, you should contact a domestic violence attorney today. A charge of second-degree domestic violence arises when a person intentionally and knowingly inflicts bodily harm on an intimate partner using a dangerous instrument. A dangerous device is an object or weapon that can cause serious bodily injury or death. Examples of dangerous tools include: Family violence can be treated in the same way as family violence. It is defined as physical, sexual, emotional, economic or psychological threats designed to cause the following: If you or someone you love has been charged with domestic violence, contact a qualified and experienced lawyer to help you in your case. Third-degree domestic violence is a Class 1 offence that can be punished with up to one year in prison and a fine of up to $1,000. Subsequent convictions are Class 4 crimes that can be punished with up to five years in prison and a fine of up to $10,000.
Finally, the most serious allegation is first-degree domestic violence, which includes serious injury. Serious injuries can include damage that risks death, permanent disfigurement, loss of limbs, concussion or brain injury, gunshot wound or puncture wound. If you`ve been charged or charged with domestic violence in Nebraska, having a domestic violence lawyer gives you the best chance that your charges will be reduced or dropped. Domestic violence occurs when the victim is the «intimate partner» of the accused. An intimate partner understands: If you are facing charges of domestic violence, it may be helpful to speak to a lawyer who understands the best defense techniques and sentencing guidelines. To speak with an experienced criminal defense attorney, you can contact Berry Law to speak with our lawyers and discuss your legal options. Domestic violence, domestic violence and domestic violence are equally painful and destructive. Nebraska has laws that define crimes and punish perpetrators. A first offence of third-degree domestic violence is punishable as a Class I offence. A Class I offence is punishable by up to one year in prison and a fine of up to $1,000. A recidivism based on causation or threat of bodily harm is a Class IIIA crime.
A Class IIIA crime carries up to three years in prison, a $10,000 fine and up to 18 months of post-release supervision. One of the most commonly charged crimes in Nebraska is cases of domestic violence involving domestic attack. A conviction for first-degree domestic violence is a Class 3 crime punishable by up to 20 years in prison and a fine of up to $10,000. All subsequent convictions are Class 2 crimes that can be punished with up to 50 years in prison. In the state of Nebraska, domestic violence is defined as an act of targeted violence against an intimate partner or a person with whom the perpetrator has or has had a romantic relationship. When a person is charged with domestic violence, it is important to understand all kinds of things about the legal aspects of allegations of assault and the penalties that can result from them. The more the accused understands, the better he or she may be prepared to defend himself against the charges and receive a reduced sentence. The degree of a charge of domestic violence determines whether it is a misdemeanour or a crime. The difference between first-degree domestic violence and second-degree domestic violence is decided on a case-by-case basis. Third-degree domestic violence is the least serious form of domestic violence. There are three ways in which a person can commit third-degree domestic violence: If convicted of domestic violence, the penalties vary depending on the degree of assault the defendant is accused of. The sentence also depends on whether or not the offender has already been convicted of domestic violence and the harm that has already been caused.
In Nebraska, domestic violence charges can be laid against a person accused of physically injuring their intimate partner. An intimate partner in this case may include a spouse, ex-spouse, someone with whom they share children, or someone with whom they are or have dated in the past. The physical harm committed must have been caused intentionally, knowingly or recklessly for a charge of domestic violence to be considered valid. If you or someone you love needs help, there are places nearby that can help. The crime of strangulation, according to Nebraska law § 28-310.01, is a crime. Sexual assault is generally a crime unless incidents that do not cause serious bodily harm to the victim are a Class 1 offence. An intimate partner is a spouse, an ex-spouse, a person with whom the offender is dating or with whom the offender has children. Criminal harassment is a pattern of repeated and unwanted attention, harassment, contact or any other behaviour that targets a particular person and that would cause a reasonable person to fear. Note: The pages open in a new browser window. External sites are not supported by the Nebraska State Patrol. Domestic violence is a Class 1 offence, but it can escalate into a crime in a variety of circumstances, including the use of a weapon or causing serious bodily harm.
A lawyer may present potential defenses, such as: The crime of sexual assault, as described in Nebraska statutes § 28-317 to § 28-322.04, can occur in many different contexts. Among the elements of connection, there is sexual contact without consent. Some people cannot give consent because of their age, temporary or permanent cognitive impairment, or imprisonment. Sex trafficking is the act or attempt to recruit, lure, harbour, transport, promote, provide or obtain a person for the purpose of commercial sexual activity, sexually explicit performance or the production of pornography. Your email address will not be published. Required fields are marked with an *. Tom Petersen of Petersen Criminal Law has been fighting for his clients` rights since 1995. He will strive to bring you the justice you need. Contact Tom today to schedule your free consultation. Sexual violence is a general term that encompasses a set of physical and non-physical behaviours that represent unwanted or age-inappropriate sexual activity that can affect people of any age or gender.
This can range from sexist attitudes and social oppression to sexual harassment and crimes such as rape and homicide. Criminal harassment is described in Nebraska Statutes § 28-311.02 to § 28-311.05. Criminal harassment is a Class 1 offence, but can escalate into a crime in a variety of circumstances, including subsequent convictions and if the victim is under the age of 16. The information provided on this page does not constitute legal advice – all elements of this website are for informational purposes only.