Omaha Domestic Violence Lawyers
Professional and Experienced Representation in Outstate Nebraska
Family violence cases are taken very seriously by law enforcement and prosecuting
attorneys. Moreover, they are complicated cases that can negatively impede
your present and future if you do not know the immediate and long-lasting
Slowiaczek Albers, we take a team-based approach on every case to ensure you have multiple
perspectives working on your defense, especially in the face of a charge
as serious as domestic violence.
What Is Considered Domestic Assault?
Domestic assault in Nebraska consists of intentionally, knowingly, or recklessly
causing physical injury to an intimate partner, such as:
- the alleged offender’s spouse;
- the alleged offender’s former spouse;
- someone with whom the defendant has children; or
- someone whom the defendant is dating or dated in the past.
Domestic assault can be a misdemeanor or a felony, depending on the offender’s
intent and the injury caused by the assault.
Penalties and Sentencing
Intentionally or knowingly causing serious bodily or physical injury to
an intimate partner is a domestic assault in the first degree.
Intentionally or knowingly causing bodily injury to an intimate partner
with a dangerous instrument is a domestic assault in the second degree.
Lastly, domestic assault in the third degree involves:
- intentionally or knowingly causing physical injury to an intimate partner;
- threatening an intimate partner with immediate physical injury; or
- threatening an intimate partner in a menacing manner.
A person convicted of domestic assault in Nebraska can be required to pay
restitution, which reimburses the alleged victim for any expenses resulting
from the crime, such as the cost of medical treatment, counseling, or
repair of damaged property.
Nebraska courts can decide to impose probation for an assault conviction
rather than imprisonment in some cases of up to 2 years for a misdemeanor
conviction and up to 5 years for a felony conviction. Be aware that a
person on supervised probation must meet with a probation officer and
comply with conditions of probation such as treatment, maintaining employment,
and avoiding any further criminal activity or arrests. If the defendant
successfully completes probation for a misdemeanor conviction, they can
request that the court set aside their conviction. Note that if the court
grants the request, setting aside the conviction nullifies the conviction
so it will not be on the defendant’s permanent record.
Just being charged with a domestic violence offense can lead to life-changing
consequences. For example, on top of jail time and a mark on an individual’s
permanent record, a domestic violence allegation can have a strong impact
on a child custody action and an individual’s firearm rights. If
you are facing a charge of domestic violence in Nebraska, consult an attorney
for legal representation. Our team at Slowiaczek Albers can evaluate the
facts of your case and argue for mitigated charges on your behalf.
For more information, schedule a consultation with Slowiaczek Albers today. Call
(402) 928-2007 or submit an online contact form