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Omaha Sexual Assault Defense Lawyers
Few charges move faster, hit harder, and carry more long-term damage than a sexual assault allegation. And the Nebraska legal system is designed to keep pressure on the accused from the moment charges are filed. These cases are serious, and prosecutors treat them accordingly. Contact Omaha sexual assault defense lawyers as soon as possible.
Reach out to the Dornan Law Team before speaking to law enforcement, posting on social media, or mentioning your charges to others. What you do in the first few days after an allegation is crucial. Let us help you navigate the next steps.
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Omaha Sexual Assault Degrees
Nebraska law separates sexual assault charges into degrees: first, second, and third. Here’s what you need to know about each:
- First-degree sexual assault involves allegations of sexual penetration without consent or while the defendant couldn’t resist. In Omaha, it’s a Class II Felony, and you could spend up to 50 years in prison if convicted.
- Second-degree sexual assault involves non-consensual sexual contact, not necessarily penetration. However, the law states that the contact must have caused personal injury to be charged as a Class IIA felony, punishable by up to 20 years in prison.
- Third-degree sexual assault in Nebraska covers non-consensual sexual contact that doesn’t cause injury. It’s a Class I misdemeanor, and those convicted have to register on the Nebraska Sex Offender Registry.
Sexual Assault of a Child: A Different Charge
Nebraska treats sexual assault of a child differently from a standard charge. These cases fall under Revised Statutes 28-319 and operate under specific rules where consent is not a legitimate defense. In these cases, age is the primary determining factor, and the penalties can range from time in prison and fines to sex offender registry requirements and probation.
Want to discuss your case with an Omaha sexual assault defense lawyer who can help explain where you stand? Book a consultation with Dornan Law Team today.
Facts About Sex Offender Registry in Nebraska
In some cases, sexual assault convictions require registry in the state’s sex offender database. Those requirements can last 15 years, 25 years, or for life, depending on the circumstances and charge. That database is publicly available and can have severe, life-altering consequences, including problems with housing, employment, licensing, immigration, and relationships.
The stigma around a sexual assault conviction doesn’t always end when the sentence ends, however. You deserve a tailored defense strategy that takes those factors into account.
Challenging the Prosecution’s Burden of Proof
Cases are won or lost based on whether the prosecution meets its burden of proof in Nebraska criminal court. Prosecutors must prove beyond a reasonable doubt that the offense was non-consensual or that the victim couldn’t consent. That’s often a high standard to meet.
The Dornan Defense
We know that sexual assault cases are rarely open and shut. They usually come down to contested facts, contradicting accounts, and questions about credibility. Our experienced team of Omaha sexual assault lawyers understands what it takes to build a strong defense on your behalf.
We may focus primarily on evidence of a consensual encounter to challenge the core of the prosecution’s case. Or we may leverage the evidence to prove false or exaggerated allegations of sexual assault. Personal history, motive to lie, inconsistent statements, and other circumstances can become material in your defense.
Other sexual assault defense strategies we can use include:
- Mistaken identity
- Evidence of integrity
- Constitutional violations
Our team will gather alibis, surveillance footage, digital records, witness statements, and other physical and forensic evidence to help show the courts where the allegations fall short. We will also check for unlawful searches, improper interrogations, or Miranda violations that can result in the prosecution’s evidence being thrown out.
What to Expect Next
If you’ve been arrested, anything you say or do can be used against you in a court of law. Remember that law enforcement isn’t interviewing you to help you. They’re building a case against you and helping the prosecution. Exercise your right to remain silent, and contact Dornan Law Team now.
Don’t make any statements or contact the alleged victim. Don’t post anything on social media, even if you feel the need to explain. And by all means, don’t apologize to anyone. Apologies are often seen as confessions in Nebraska courts.
Haven’t been arrested yet? That doesn’t mean you can relax. An Omaha sexual assault defense lawyer can help shield your reputation while the investigation is underway. Call us today to learn more.
Get Legal Help Today
Sexual assault charges in Omaha demand the legal knowledge and thoroughness that only experienced defense lawyers can offer. Never wait for bad news to find you by surprise. Book your consultation today, and let us help protect your rights.
