Omaha Domestic Violence Defense Lawyers
Being accused of domestic violence is a frightening situation. Your actions were innocent. You were simply involved in an argument that got taken out of context. Whatever the details of your case, you should expect the Douglas County Attorney to pursue the harshest possible penalties against you
If you or someone you love has been charged with domestic violence, contact an Omaha domestic violence defense attorney at Bottlinger Law L.L.C. We can investigate the details of your charge, explain your legal rights, and advocate for the best outcome in your case. Never forget that you are innocent unless proven guilty. Call us today at (402) 505-8234 to begin preparing your defense.
Under Nebraska Revised Statute 28-323, domestic violence has three different degrees, which include:
- Third-Degree: This charge is filed when someone “intentionally or knowingly” causes “bodily harm” or injures an intimate partner, threatens violence against an intimate partner, or threatens an intimidate partner in a “menacing manner.”
- Second-Degree: The definition for second-degree is the same as third-degree but must involve a “dangerous instrument,” which is any object that is capable of causing serious harm, including firearms.
- First-Degree: This is the most serious charge and is filed when a defendant inflicts “serious bodily injury” to an intimate partner.
Domestic violence charges can only be filed against someone who harms an “intimate partner,” which can include a spouse, girlfriend or boyfriend, the parent of the defendant’s child, or a former partner. The prosecution must also prove that a defendant “intentionally or knowingly” caused harm to an intimate partner, meaning they cannot convict a defendant due to an accidental or self-inflicted injury. Based on domestic violence’s unique definition, your attorney can use several defenses to avoid a conviction.
Nebraska courts can inflict strict sentences based on the details of your case. Domestic violence can be a misdemeanor or a felony. The court may approve a restraining order on behalf of the alleged victim and even change your custody arrangements if you have children with the alleged victim. This does not even account for the major blow to your reputation.
With regard to criminal penalties, a domestic violence conviction can lead to:
- Third-degree: As the lightest charge, a first-time offender may only receive a Class I Misdemeanor that comes with up to one year in jail and/or a $1,000 fine. For repeat offenders, this charge is elevated to a Class IIIA Felony, which comes with a $10,000 fine and/or three years in state prison.
- Second-degree: For first-time offenders, second-degree domestic violence is a Class IIIA Felony that can result in a $10,000 fine and/or up to three years in state prison. If you have a prior charge, this can be elevated to a Class IIA Felony.
- First-degree: As the most serious charge, this comes with the harshest punishments. First-degree domestic violence is a Class IIA Felony that comes with up to 20 years in prison and/or a $10,000 fine. For repeat offenders, the charge is a Class II Felony and includes a maximum 50-year prison sentence.
In addition, the courts may impose probation and post-release supervision, force the defendant to attend domestic violence classes, and fulfill other conditions.
Every case is different and requires an in-depth investigation. The prosecution has already started building its case against you, which is why it is so important to speak to a defense lawyer as soon as possible. At Bottlinger Law L.L.C., your attorney can begin working on your case immediately, whether it involves collecting statements on your behalf or reviewing evidence.
To protect your freedom, your attorney can use several defense strategies, including:
- Reviewing the alleged victim’s medical report and showing that their injuries were either due to an accident or self-inflicted.
- Looking for inconsistencies in the alleged victim’s statements.
- Showing that you did not intend to cause the alleged victim’s injuries.
- Explaining that the alleged victim was not an intimate partner.
- Outlining how the police committed misconduct during your arrest.
Depending on the nature of your case, your attorney can fight to get you a plea deal or advocate for a complete dismissal if the prosecution does not have a strong case.
Domestic violence investigations can be invasive, embarrassing, and damaging, often impacting your reputation among your friends and coworkers. But no matter the details of your case, you deserve a fair trial and the chance to tell your side of the story. That means working with a dedicated defense attorney who will use every resource to protect your future.
If you or someone you love was charged with domestic violence, do not hesitate to contact an Omaha criminal defense attorney at Bottlinger Law L.L.C. We believe that every defendant should receive a strong defense. We can begin working on your case immediately. Call us at (402) 505-8234 to set up a free initial consultation.
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