Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Assault and battery are distinct but related criminal offenses under Nebraska law. In general, assault refers to intentionally threatening or causing physical injury to someone, while battery is often defined as the actual physical act of harming another person. Nebraska law combines the two concepts under the term "assault," with varying degrees and penalties depending on the circumstances of the offense. Understanding how the state defines and punishes assault is essential for anyone facing charges or seeking legal recourse following a violent incident.
People may require legal help with assault and battery cases for several reasons. If you are accused of assault, you could be facing criminal charges that may result in jail time, fines, or a permanent criminal record. Those who are victims of assault may need guidance on how to pursue charges or seek protection. Some common situations include:
An experienced Nebraska criminal defense lawyer can help clarify your options, protect your rights, and represent your interests in court or negotiations.
In Nebraska, assault is categorized by degrees, each carrying different penalties:
Assault charges can involve "aggravating factors," such as the use of a weapon, the seriousness of injuries inflicted, or whether the accused has a prior record. Nebraska also has laws that address domestic assault, assault on law enforcement officers, and assault upon certain vulnerable individuals. Penalties can include jail or prison time, fines, probation, mandatory counseling, and loss of certain rights. Defending these cases often involves scrutinizing evidence, self-defense claims, and the credibility of witnesses.
Nebraska law primarily uses the term "assault" to cover both attempted or threatened violence and the actual physical harm. Unlike some other states, there is no separate criminal charge labeled "battery."
Penalties vary depending on the degree of assault charged. They can range from fines and a maximum one-year jail sentence for a misdemeanor third-degree assault, up to fifty years in prison for a felony first-degree assault.
Serious bodily injury means injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part of the body.
Yes, Nebraska law recognizes self-defense as a valid legal defense if you used a reasonable amount of force to protect yourself or someone else from harm. However, the force must be proportional to the threat faced.
If you are falsely accused, it is important to stay calm, not contact the alleged victim, and immediately contact a criminal defense lawyer who can guide you through your legal options and help gather evidence in your favor.
Assault can be either a felony or misdemeanor based on the degree of the offense. First and second-degree assaults are felonies, while most third-degree assaults are misdemeanors.
Domestic assault involves a victim who is a family or household member. Penalties can be more severe, and a conviction may include mandatory counseling, loss of firearm rights, and impact on custody proceedings.
Yes, victims of assault may file a civil lawsuit to seek compensation for medical expenses, lost wages, pain and suffering, and other damages, regardless of whether criminal charges are filed.
Juveniles accused of assault are typically subject to the Nebraska juvenile justice system, which focuses on rehabilitation rather than punishment, but in serious cases, they may be tried as adults.
Violating a protection order is a separate criminal offense in Nebraska and can result in immediate arrest, additional charges, fines, and jail time.
For those seeking more information or assistance on assault and battery issues in Nebraska, the following resources can be helpful:
If you are involved in an assault and battery case in Nebraska, act promptly to protect your rights. Here is what you can do next:
Contacting a qualified attorney is often the most important step in achieving a favorable outcome. Lawyers can help defend against charges, negotiate settlements, or guide you through the civil litigation process, ensuring your rights are protected every step of the way.
