If you are considering pressing charges against someone in Nebraska, it is important to understand the statute of limitations on the crime. In fact, after a period of three years, you can no longer press charges against another party for assault in Nebraska. If you are unsure whether or not you are eligible to press charges against another person for assault, reach out to a Nebraska assault attorney as soon as possible.
What Is Assault?
If someone threatens to cause you physical harm or intentionally causes you harm, this is considered assault in Nebraska. Instances of assault can range from minor bar fights to serious violence in your home. If the assault is made against a household or family member, the crime could be classified as domestic violence. Generally, Nebraska categorizes assault into three degrees based on the severity of the action.
First-Degree Assault
If someone intentionally causes another person severe bodily injury, they will be charged with first-degree assault. The court ultimately makes the decision about what actions constitute first-degree assault, but they can include:
- Using a deadly weapon, such as a gun or knife
- Strangling or attempting to suffocate another person
- Causing a concussion or other serious brain injury
The state of Nebraska considers a first-degree assault a Class II felony. This means that if you are found guilty of the crime, you can face anywhere between 1 and 50 years in prison.
Second-Degree Assault
If a person intentionally causes another person bodily harm or knows they are causing harm and does not stop, this is considered a second-degree assault. Second-degree assaults are typically distinguished from those in the first degree by the severity of the bodily injury. The crimes that fall into this category vary on a case-by-case basis but can include:
- Punching another person and causing harm to their face
- Using a deadly instrument to cause harm
Like first-degree assault, conviction of a second-degree assault in Nebraska constitutes a felony. The maximum amount of time that you would serve for a second-degree assault is usually 20 years in prison.
Third-Degree Assault
If a person intentionally or recklessly causes or threatens to cause bodily harm to another person, this is usually considered third-degree assault in Nebraska. A third-degree assault is classified as either a Class I or a Class II misdemeanor. The penalties typically include up to six months in prison and fines of up to $1,000.
How Do You Press Charges for Assault in Nebraska?
If you experience an assault in Nebraska, you should get in touch with law enforcement officers and an attorney as soon as you can. Get to a safe space, if possible, and get medical attention. Make sure to preserve all evidence of the assault if you can, such as taking photos or recordings of threats or going to the doctor for a medical evaluation in the event that there was physical contact.
Even if you think you are okay, a medical evaluation can help you attend to any injuries that you are unable to see. You will typically need to provide the law enforcement officers with a statement about what happened.
It is also important to consult with a legal professional so you understand what your legal options are in the context of your particular case. You should also consider getting legal guidance as soon as the assault happens so that you can use timely evidence.
If your lawyer believes that you have the right to press charges, you can request a protective order or a restraining order that keeps you safe from the other party during this time. Depending on the circumstances of your case, the person whom you accused of assault might have to go to court for legal proceedings. Your assault attorney can help you understand how to file a complaint about the incident and how to protect yourself during this process.
FAQs
Q: What Is the Statute of Limitations on Assault in Nebraska?
A: If you live in Nebraska, then you have three years to report assault and press charges. It is in your interest to report the incident as soon as you can so your lawyer can immediately start the process of collecting and compiling evidence to present your case and protect your rights.
Q: What Is 2nd-Degree Assault in Nebraska?
A: In Nebraska, an incident is typically considered second-degree assault when a person intentionally or knowingly causes another person physical harm. For example, if someone uses a deadly weapon, tries to suffocate another person, or hits them on purpose, causing serious bodily injuries, the court might consider this a second-degree assault. Like first-degree assault, second-degree assault is a felony, but it is different in that the extent of the bodily injury is less severe.
Q What Is the Penalty for First-Degree Assault in Nebraska?
A: If you are convicted of first-degree assault in Nebraska, you can expect to face time in prison and expensive fines. Usually, the prison sentence ranges from a minimum of one year up to a maximum of fifty years. You can also expect other negative consequences, like stains on your reputation, career, and personal relationships.
Q: Can You Drop Assault Charges in Nebraska?
A: If you are charged with assault in Nebraska, you can only get the charges dropped if the prosecuting attorney decides to dismiss the charges. Nebraska is known as a “no drop” state, which means that, in an effort to protect those who have been hurt, the charges will only go away if the accused individual is found not guilty after a review of evidence. Victims of assault cannot later choose to drop the charges.
An Experienced Nebraska Assault Attorney Can Help?
Our team of hardworking attorneys at Stange Law Firm is committed to representing clients in complex assault cases. Since 2007, our team has been dedicated to helping clients navigate family law cases, including assault, and we handle every case with the utmost respect and compassion.
If you need informed advice about a case of assault and are looking for help standing up for your rights, we can help. We proudly operate across Nebraska and several other states throughout the country. Contact our office today if you are interested in consulting with a legal professional.
