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Omaha Simple Assault Defense Lawyers
Omaha simple assault defense lawyers understand that many people assume the worst that can happen is a fine, probation, or community service. However, Dornan Law Team also knows that assumption has cost many people more than they expected.
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Omaha Lawyers for Simple Assault Charges
In NE, a simple assault conviction goes on your permanent criminal record, which means it can show up on background checks for jobs, housing, benefits, licenses, and other opportunities. It also means the conviction could count against you later if you face charges again. None of that is minor.
Nebraska’s Statutes
Nebraska doesn’t use the term “simple assault.” Rather, the state calls the charge third-degree assault, which carries the same penalty. Under the statute, you can be charged for intentionally, knowingly, or recklessly causing bodily harm to someone else. But you can also be charged with third-degree assault for threatening someone without causing physical harm.
Simple Assault Penalties in Omaha
Omaha classifies simple assault charges as Class I misdemeanors. That means a conviction would come with up to a year in jail and fines up to $1000. However, a third-degree assault charge in Nebraska can become more serious, depending on the circumstances.
Prosecutors don’t always file at the level the facts support because they hope you won’t push back. But Dornan Law Team will. The differences in classification can have significant effects on our clients’ lives. For example:
- Second-degree assault is a Class IIA felony that can come with a 20-year prison sentence.
- First-degree assault is a Class II felony, with penalties including up to 50 years in prison.
There are also enhancements that can increase penalties. Allegations including assault of a law enforcement officer, for instance, may bring additional charges, fines, and sentencing. Contact Dornan Law Team to learn more.
If you’ve been charged with simple assault in Omaha, our team can provide legal guidance to help protect your rights. Schedule a free consultation today.
Omaha Simple Assault Defense Strategies
What defenses are available for a simple assault charge in Omaha, Nebraska? The options turn on the facts of the case. Our Omaha simple assault defense lawyers know how to determine the most applicable defense strategy for clients. Here are the most common approaches:
- Self-defense
This means you used force but only because you thought you were about to be physically harmed. However, your response must be proportional to the perceived threat.
- Defense of others
This means you stepped up to help protect someone else from immediate danger, and the person causing the danger was party to assault in the process.
- Lack of intent
This means you didn’t intentionally, knowingly, or recklessly cause physical harm to another. And the prosecution must prove that you did, so an accident doesn’t count.
- Mutual consent
This means both parties agreed to have a physical fight, so charges can be dropped or reduced, depending on the circumstances and evidence.
Omaha simple assault defense lawyers also check for credibility issues within the case. Many third-degree assault charges rest on one person’s account, which means experienced lawyers can look for inconsistencies, prior false allegations, or motives to lie. This approach not only helps paint a more accurate picture of the situation but can also undermine the prosecution’s case against you.
Want to know more about which simple assault defense strategies apply to your case? Book a consultation with Dornan Law Team today.
What Your Defense Lawyer Can Do
Facts that look bad on a police report can look very different for an Omaha simple assault defense lawyer. Arrest records, witness accounts, videos or photos, and other evidence must be painstakingly reviewed by a trusted legal team to determine how they can help.
Building a comprehensive, iron-clad defense takes time. But it starts with getting the full picture while it’s still fresh – before evidence has been lost or destroyed. An experienced lawyer won’t advise you to accept a plea if fighting it is the better strategy. And that decision is one to discuss with your legal counsel.
How to Prepare for Your Defense
The steps you take in the days and weeks following a simple assault charge can change the outcome of your case. Prepare for an effective defense by documenting everything you remember about the incident, but don’t rely solely on your memory. Gather text messages, photos or videos, witness statements, and anything else connected to the case, then show that evidence to your lawyer.
In the meantime, don’t discuss the case with anyone besides your legal counsel, including close friends, relatives, other parties, or law enforcement. Contact Dornan Law Team first.
