What To Do If You Are Accused of Domestic Violence in Nebraska Panhandle?

Domestic violence affects individuals and families across the nation, including Nebraska. When someone is facing these charges, they can face severe emotional and legal repercussions. If you or someone you know is in this situation, it is essential to understand Nebraska’s laws and penalties, what legal options are available, and what to do if you are accused of domestic violence in Nebraska panhandle.

What Is Domestic Violence?

Nebraska law defines domestic assault as any physical, verbal, emotional, or sexual abuse against a household or family member. This may include current or former spouses, co-parents, blood or marriage relatives, dating partners, and even roommates.

In Nebraska, over a third of adults have experienced intimate partner violence.

Possible Consequences and Penalties

Domestic violence charges vary from misdemeanors to felonies in Nebraska, depending on the offense’s severity. Factors such as the nature of the act, the extent of the harm, prior criminal history, and the alleged victim’s age and vulnerability will impact the specific charge and penalties.

Third-Degree Domestic Violence

Third-degree domestic violence is intentionally or knowingly causing physical harm to an intimate partner or threatening them with immediate physical injury. The first offense is a Class 1 misdemeanor, which can mean a potential jail sentence of up to one year and a fine of up to $1,000.

Second-Degree Domestic Violence

Second-degree domestic violence is a Class IIA felony and involves any unlawful use of a dangerous instrument to intentionally or knowingly cause bodily injury. This may come with a $10,000 fine and up to three years of imprisonment. Any subsequent offenses can increase the penalties to 20 years of imprisonment.

First-Degree Domestic Violence

A first-degree domestic violence charge is a Class IIA felony, and it involves intentionally and knowingly inflicting serious bodily injury on a household or family member. This kind of charge can lead to a prison sentence of up to 20 years. Those convicted of repeat offenses face a penalty escalation of up to a Class II felony and up to 50 years in prison.

Non-Legal Consequences

With or without a conviction, domestic violence charges still come with non-legal consequences. Socially, individuals may experience stigma, damaged reputations, and strained relationships. Professionally, individuals can experience job loss and difficulty finding employment. 60% of convicted individuals say they have experienced these employment challenges.

These consequences can lead to long-lasting impacts on an individual’s life, even if they served their time or the charges were dropped, or resulted in an acquittal.

Possible Defenses for Domestic Violence Charges

Do not lose hope if you are charged with domestic violence. An attorney can explore several potential defenses to challenge the prosecution’s case, such as the following:

• Self-Defense: This defense is based on a reasonable belief of imminent harm that gives an accused person the right to self-defense.
• Lack of Evidence: The prosecution has the burden of proving beyond a reasonable doubt that the accused has committed the crime. Sometimes, this evidence is insufficient, leading to a case dismissal or potential for plea deals.
• Consent: If the alleged victim consented to the action, then it can no longer fall under domestic violence.
• False Accusations: There are situations where the alleged victim made false allegations, especially if they were angry or jealous, or wanted revenge on the individual.
• Mistaken Identity: The accused’s legal team may argue that there was a mistake of identity.

Work With a Domestic Violence Defense Attorney

At Island Law Office, PC, LLO, we are dedicated to protecting your rights. If you have been accused of domestic violence, our team can help build a strong defense strategy or seek a beneficial agreement with the prosecution. We are here to support you through every step. Contact us today to get started.