Assault In Nebraska
Have you been charged with assault in Nebraska? Do you know a friend or relative who has faces an assault charge? If so, you likely have several questions and may find the answers to be confusing at times. Having an understanding of what the state of Nebraska defines as assault is important for you. At its most basic level, assault relates to some sort of injury to another person. But, there are different classifications of assault charges depending upon some very specific circumstances.
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First, Second & Third Degree Assault Defined
As explained by the Nebraska Legislature, a person may be charged with assault in the third degree, in the second degree or in the first degree. A third-degree assault charge is the least severe of these three and is a misdemeanor. Incidents that involve injury to another person or threats of injury may lead to a charge of third-degree assault. These charges may be either Class I or Class II misdemeanors depending upon other factors. If the injury was caused by an object used in a way known to cause harm, the charge may be upgraded to second-degree assault. This would be a Class IIA felony.
First degree assault, which is a Class II felony, is characterized by bodily injury deemed to be serious in nature. This is the most serious form of assault. As there is no specific list of injuries that are identified to be serious bodily injury, a jury may decide whether or not an injury falls under this classification or not. In order for a case to be charged as first-degree assault, the harm allegedly experienced by a person must be serious in nature. A few bruises or a bloody nose, for example, may not necessarily qualify for this delineation.
Keep in Mind:
- For all three degrees of assault charges, it is important to note that the charges involve the allegation of intent or knowledge that certain actions could or would cause harm.
- In the case of second- and third-degree charges, any recklessness may also lead to these charges.
This information is not intended to provide legal advice but rather an overview of assault charges in Nebraska.
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