You undoubtedly already know that the criminal offense of assault carried with it some serious penalties if convicted. This is, in part, because assault is considered a violent crime. If the victim of the assault was a law enforcement officer, as you can imagine, you are facing even harsher penalties for a conviction as an Omaha assault lawyer from Petersen Criminal Defense Law explains.
Assault of an Officer in the First Degree
Nebraska Revised Statute 28-929 governs assault on an officer in the first degree, reading as follows:
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree if:
(a) He or she intentionally or knowingly causes serious bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree shall be a Class ID felony. The penalty for a conviction of a Class ID felony in Nebraska is a mandatory three years in prison and up to a maximum of 50 years in prison.
Assault of an Officer in the Second Degree
Nebraska Revised Statute 28-930 governs assault on an officer in the second degree, reading as follows:
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree if:
(a) He or she:
(i) Intentionally or knowingly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; or
(ii) Recklessly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree shall be a Class II felony. The penalty for a conviction of a Class II felony in Nebraska is a mandatory one year in prison and up to a maximum of 50 years in prison.
Assault on an Officer in the Third Degree
Nebraska Revised Statute 28-931 governs assault on an officer in the third degree, reading as follows:
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the third degree if:
(a) He or she intentionally, knowingly, or recklessly causes bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the third degree shall be a Class IIIA felony. The penalty for a conviction of a Class IIIA felony in Nebraska is up to a maximum of three years in prison and 18 months post-release supervision.
Assault on an Office Using a Motor Vehicle
Nebraska Revised Statute 28-931.01 governs assault on an officer using a motor vehicle, reading as follows:
(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle if:
(a) By using a motor vehicle to run over or to strike an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional or by using a motor vehicle to collide with an officer’s, an emergency responder’s, a state correctional employee’s, a Department of Health and Human Services employee’s, or a health care professional’s motor vehicle, he or she intentionally and knowingly causes bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an out-of-hospital emergency care provider, or an employee of the Department of Correctional Services;
(ii) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(iii) To a health care professional; and
(b) The offense is committed while such officer, firefighter, out-of-hospital emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle shall be a Class IIIA felony. The penalty for a conviction of a Class IIIA felony in Nebraska is up to a maximum of three years in prison and 18 months post-release supervision.
Contact an Omaha Assault Lawyer at Petersen Law Office
If you have been arrested for assault on a law enforcement officer in Nebraska, consult with an experienced assault attorney as soon as possible. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
- Author
- Recent Posts
Tom Petersen
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
Latest posts by Tom Petersen (see all)
- Murder vs. Manslaughter Charges in Nebraska - Thursday, March 9, 2023
- Criminal Defense for Those Facing a Nebraska Drug Possession with Intent to Sell Charge - Tuesday, February 21, 2023
- How Much Does a DUI Cost in Nebraska? - Friday, February 10, 2023
FAQs
What charges can you get for assaulting a police officer? ›
The guidelines have recently been updated as of 28 June 2022, therefore if you are charged with an assault on a police officer prior to 28 June 2022, the maximum sentence you can receive is 1 year custody. If the offence was committed after 28 June 2022 the maximum sentence has been extended to 2 years custody.
What is the charge for assault in Nebraska? ›First-degree assault is a Class II felony under Nebraska law. A Class II felony conviction may result in a prison sentence ranging from one to 50 years. Second-degree assault is a Class IIA felony offense, which carries a maximum potential prison sentence of 20 years.
What is the charge for first time assault in Nebraska? ›In Nebraska, simple assault is usually punished as a Class I misdemeanor. However, it can be a Class II misdemeanor when two people agree to fight by mutual consent. The penalties for a Class I misdemeanor simple assault charge are up to one year in jail, a $1,000 fine, or both.
What is the statute for aggravated assault in Nebraska? ›A person charged with aggravated assault is going to be charged under Nebraska Revised Statute §28-308. Under this statute, a person can be charged with first-degree assault if they purposefully or consciously cause serious bodily harm to someone.
What section is assault on a police officer? ›Under section 89 of the Police Act 1996: It is a criminal offence to assault a constable in the execution of his duty, or a person assisting a constable in the course of his duty. It is an offence to resist or wilfully obstruct a constable in the execution of his duty.
What points do you need to prove common assault? ›The prosecution must be able to prove that the defendant intended to cause the victim to feel that violence will be used against them. Without this proof, there is no grounds for assault, unless the defendant has behaved in such a reckless and thoughtless way that the victim was apprehensive of a violent act occurring.
Can you drop assault charges in Nebraska? ›The State of Nebraska has a “no-drop” policy to protect not just the individual victim but also to ensure that there is no further violence perpetrated by the accused.
What punishment do you get for assault? ›Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused, and higher culpability is present.
What is 2nd degree assault in Nebraska? ›(1) A person commits the offense of assault in the second degree if he or she: (a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument; (b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or.
What is 3rd degree assault in Nebraska? ›28-310. Assault in the third degree; penalty.
(1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or. (b) Threatens another in a menacing manner.
What is the most typical punishment for first time misdemeanor? ›
If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects. Note that misdemeanors are criminal offenses for which the maximum penalty is generally up to one year in county jail.
What is 3rd degree assault? ›Assault in the third degree is a common charge for when one person initiates a fight with another person, or one person "beats up" another person. In order to face this charge, the victim must suffer an injury that causes impairment or substantial pain.
What is assault first degree in Nebraska? ›First degree assault requires serious bodily injury to occur, and attempted voluntary manslaughter does not require any injury to occur. State v. Smith, 294 Neb.
What is the punishment for 3rd degree assault in Nebraska? ›A person convicted of assault in the third degree in Nebraska faces the following possible penalties: for a Class I misdemeanor, up to one year in jail, a fine of up to $1,000, or both, and. for a Class II misdemeanor, up to six months in jail, a fine of up to $1,000, or both.
What points do you need to prove to obstruct a police officer? ›A person obstructs a constable if he prevents him from carrying out his duties or makes it more difficult for him to do so. The obstruction must be 'wilful', meaning the accused must act (or refuse to act) deliberately, knowing and intending his act will obstruct the constable: Lunt v DPP [1993] CLR 534.
Is assault on police a summary offence? ›Existing Summary Offences
These include: Assault of a police officer or prison officer (due to s. 8 Prison Act 1952) in the execution of their duty (Section 89 Police Act 1996).
Section 49 of the Act is the relevant section which allows permitted authorities to demand passwords or pin codes in order to access laptops, phones and other electronic devices.
What three things must be shown evidence of intent? ›Crimes that require specific intent usually fall into one of three categories: either the defendant intends to cause a certain bad result, the defendant intends to do something more than commit the criminal act, or the defendant acts with knowledge that his or her conduct is illegal, which is called scienter.
What two elements must be shown to prove a crime? ›In general, every crime involves three elements: first, the act or conduct (actus reus); second, the individual's mental state at the time of the act (mens rea); and third, the causation between the act and the effect (typically either proximate causation or but-for causation).
What are the 4 elements of assault? ›- Attempted To Commit Assault. ...
- Intent To Hurt. ...
- Attempted Assault. ...
- Assault With A Dangerous Weapon.
Can the victim drop the charges against? ›
While a victim is able to file a complaint against the accused, they can also choose to no longer participate in the case, and thus request that the charges be dropped.
Can charges be dropped at court? ›A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.
Can you still get charged if charges are dropped? ›For a charge to be dropped, the prosecutor will either withdraw some or all charges. If one charge of many is dropped, the remaining charges may still be pursued.
Is an assault charge a first offence? ›If you are convicted of common assault, and it is a first-time offence without any aggravating factors, it is likely that you could receive a discharge or a community order rather than a custodial sentence. However, this does depend on the circumstances of your case.
Is assault an arrestable offence? ›Assault and criminal force are offences that generally go hand in hand, and thus are similarly given sentences that are custodial (amounting to imprisonment). (4) A person is said to commit “assault” to another person where the person makes any gesture or any preparation; intending.
How long have I got to report an assault? ›You can report a sexual assault or rape that happened at any time to us, even if it was months, years or decades ago. We take every report seriously, no matter how much time has passed. We understand that there are lots of reasons why someone might not feel ready to tell anyone about what has happened right away.
Can common assault charges be dropped? ›But, as you might expect, the CPS are not likely to drop charges unless they have a compelling reason to do so. This raises several important questions, including what reasons the CPS might have to justify dropping charges and what steps you can take to get the CPS to drop charges.
How long can police hold you for assault? ›How long can the police keep you in custody without charging you? The general rule is that a person cannot be detained at the police station for more than 24 hours prior to being charged (s41 PACE). The 24 hour period runs from the time of arrest, or the time of arrival at the police station, whichever is earlier.
What is assault without injury? ›Assault can occur without battery, however battery is committed when someone intentionally or recklessly applies unlawful force to another person which may or may not result in injury. Whether the victim has suffered minor injuries or no injuries at all, the application of force is suffice for this offence.
What is a Class 3 felony in Nebraska? ›Class III felonies include forgery and fraud offenses, computer crimes, and livestock crimes. Class IIIA felonies are punishable by up to three years in prison, plus nine to 18 months of post-release supervision. Examples include assault by strangulation, cruel mistreatment of animals, and reckless vehicular homicide.
What is the sentence for a Class 2 felony in Nebraska? ›
| Class I felony | Death |
|---|---|
| Mandatory minimum—three years imprisonment | |
| Class II felony | Maximum—fifty years imprisonment |
| Minimum—one year imprisonment | |
| Class IIA felony | Maximum—twenty years imprisonment |
28-320. Sexual assault; second or third degree; penalty.
(3) Sexual assault shall be in the third degree and is a Class I misdemeanor if the actor shall not have caused serious personal injury to the victim.
Class III misdemeanors carry a maximum sentence of three months in jail and a $500 fine. Class IIIA misdemeanors carry a maximum sentence of seven days in jail and a $500 fine. Class IV misdemeanors carry a maximum fine of $500. Class V misdemeanors carry a maximum fine of $100.
What is 3rd degree assault m1 in Nebraska? ›1. A person commits the offense of domestic assault in the third degree if he or she: (a) Intentionally and knowingly causes bodily injury to his or her intimate partner; (b) Threatens an intimate partner with imminent bodily injury; (c) Threatens an intimate partner in a menacing manner. 2.
What is Penal Code 28 323 in Nebraska? ›28-323. Domestic assault; penalties.
(2) A person commits the offense of domestic assault in the second degree if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.
Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes.
What are the 5 types of pleas? ›- Innocent Until Proven Guilty. All persons are presumed innocent until proven guilty. ...
- Plea of Not Guilty. A plea of not guilty means you are informing the Court that you deny guilt or that you have a good defense in your case. ...
- Plea of Guilty. ...
- Plea of Nolo Contendere (No Contest)
Because Class A represents the most serious misdemeanor penalty, many will carry this maximum one-year jail sentence. A few states impose penalties of more than one year's imprisonment for misdemeanors—for instance, 18 months or 2, 3, or 5 years.
Is punching someone a felony? ›What kind of crime is punching someone? Punching or striking another person is considered a crime of battery. In the case of punching someone, it's likely to be classified as either simple battery, which is a misdemeanour, or aggravated battery, which is a felony crime.
Is 3rd degree domestic assault a felony in Nebraska? ›Penalties for Third-Degree Offenses in Nebraska
Third-degree domestic assault is a Class I misdemeanor.
Why do they call it the third degree? ›
Answer: The third degree is the highest degree in Freemasonry—a master mason. Masons are subject to intensive testing to qualify for the third degree. This is why, in the late 1800s, exhaustive questioning came to be known as 'giving someone the third degree. '
What is the law for assault and battery in Nebraska? ›In Nebraska, assault and battery denote the same offense. Under Nebraska law, a person commits the offense of assault if he or she intentionally causes bodily injury to another person. Assault offenses may be classified into either misdemeanor or felony, depending on the degree.
What is criminal mischief in Nebraska? ›(1) A person commits criminal mischief if he or she: (a) Damages property of another intentionally or recklessly; or. (b) Intentionally tampers with property of another so as to endanger person or property; or. (c) Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat.
What are the laws for assault in Oregon? ›Assault Criminal Charges in Oregon
First degree assault in Oregon is a Class A felony which will result in punishment of up to 20 years in prison and fines up to $375,000. Second degree assault in Oregon is a Class B felony which will accrue up to 10 years in jail and fines up to $250,000.
In Missouri, a person can commit assault by: inflicting, or attempting to inflict, physical injury on another. touching someone in an offensive or provocative manner, or. placing another in fear of imminent harm.
Is it a felony to assault a police officer in Virginia? ›Under Virginia Code § 18.2-57, it is a Class 6 felony to commit an assault and battery on a law enforcement officer. Since a battery is any unwanted touching, these charges can be raised for any minor action of a suspect. This law applies to police officers and many other government officials, including: Judges.
What are common assault cases? ›Common assault is defined as unlawfully and intentionally applying force to another person, or inspiring a belief in that other person that force is to be immediately applied to him or her. Assault that involves serious injury is called assault with intent to do grievous bodily harm (also called assault GBH).
How long do you go to jail for assault? ›Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused, and higher culpability is present.
What is technically an assault? ›The offences of common assault and battery
An assault is committed when the defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and battery is committed when a defendant intentionally or recklessly inflicts unlawful force.
What defences are there to a charge of Common Assault? In common with all assault charges, it is a defence to show that you acted in self-defence. You would have to show that you feared an attack and that the force you used was not excessive.
Does assault have to be immediate? ›
39 Criminal Justice Act 1988. An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.
Can the police assault you? ›What is police assault? Police assault occurs when a police officer uses excessive or unnecessary force during arrest or when restraining a person. In some circumstances, where an arrest is found to be unlawful, any restraint may also be considered assault.
What is obstruction of justice VA code? ›Obstruction of justice in Virginia (Va. Code §18.2-460) is interfering with a law-enforcement officer lawfully performing his duties. To be convicted of obstruction of justice in Virginia, a person must intend to impede a law-enforcement officer and the officer must be lawfully engaged in his duties.
What is 18.2 57 VA? ›Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin, ...
Do all assault cases go court? ›Only serious offences where there is sufficient evidence will end up in court. These types of cases must be referred to the Crown Prosecution Service (CPS) to make a Charging Decision. Court action only occurs once an offender has been charged or summoned with an offence to appear in court.
What is the lowest form of assault? ›