Omaha Assault & Battery Defense Lawyers

Omaha Assault and Battery Defense Lawyers: Facts You Should Know

Nebraska does not use the term “battery” as a standalone criminal charge. Instead, the state’s assault statutes cover the full range of conduct that most people think of as both assault and battery.

• First Degree Assault under Nebraska Revised Statutes § 28-308-310 involves intentionally or knowingly causing serious bodily injury to another person. This is a Class II felony, carrying 1 to 50 years in prison.
• Second Degree Assault under NRS § 28-309 involves intentionally or knowingly causing bodily injury with a dangerous instrument, or recklessly causing serious bodily injury. This is a Class IIA felony, punishable by up to 20 years in prison.
• Third Degree Assault under NRS § 28-310 covers intentionally, knowingly, or recklessly causing bodily injury, or menacingly threatening another person. This is a Class I misdemeanor, carrying up to one year in jail and a $1,000 fine.

Nebraska law also recognizes domestic assault as a separate category of offense when the alleged victim is a household or family member. This offense carries enhanced penalties and collateral consequences, including mandatory protective orders and impacts on child custody proceedings.

Want to know more? Contact Dornan Law Team today to schedule a consultation.

We Understand the Stakes

A conviction on an assault and battery charge in Omaha can mean consequences that reach into nearly every corner of your life:

Employment

Many employers conduct background checks, and a violent offense conviction can close doors permanently in fields ranging from healthcare to education to finance. Even positions that don’t require a license or certification might ask about criminal history, and a violent offense can end a candidacy before it begins.

Professional licenses

Nurses, teachers, contractors, and others with state-issued licenses can face suspension or revocation following a conviction. Nebraska licensing boards have broad discretion to act on criminal convictions, and they frequently do.

Child custody

An assault conviction, particularly one involving domestic circumstances, can be used against you in family court proceedings. Judges weighing the best interests of a child take criminal history seriously, and a violent offense on your record can shift custody arrangements significantly.

Immigration status

For non-citizens, a conviction for a crime of violence can trigger deportation proceedings or bar a path to citizenship. Even a misdemeanor assault conviction can have life-altering immigration consequences that go far beyond what the criminal sentence alone would suggest.

Firearm rights

A felony assault conviction results in the loss of your right to possess a firearm under both Nebraska and federal law. This is a permanent consequence that can’t be undone by completing a sentence or probation, and it affects hunters, sport shooters, and anyone who keeps a firearm at home for personal protection.

We Defend You Against Assault and Battery Charges in Omaha

We have spent nearly two decades building defenses for people who needed someone in their corner, and we know that the truth of what happened is rarely as simple as the police report makes it sound.

Assault cases often come down to competing accounts of what happened. At Dornan Law Team, we dig into the full picture.

We will always be honest with you about your options. If going to trial is the right path, we will tell you. If negotiation gives you a better outcome, we will tell you that, too. What we will never do is push you toward a decision that serves our convenience rather than your future.