Top Omaha, NE Assault Lawyers Near You

Assault Lawyers | Omaha Office

10050 Regency Circle, Suite 400, Omaha, NE 68114

Assault Lawyers | Omaha Office

1414 Harney St, Suite 400, Omaha, NE 68102

Assault Lawyers | Omaha Office

13340 California Street, Suite 200, Omaha, NE 68154

Assault Lawyers | Omaha Office

11930 Arbor Street, Suite 201, Omaha, NE 68144

Assault Lawyers | Omaha Office

1004 Farnam Street, Suite 103, Omaha, NE 68102

Assault Lawyers | Omaha Office

9202 W Dodge Road, Suite 307, Omaha, NE 68114

Assault Lawyers | Omaha Office

1213 Jones St, Omaha, NE 68102

Assault Lawyers | Omaha Office

1403 Farnam Street, Suite 232, Omaha, NE 68102

Assault Lawyers | Omaha Office

9900 Nicholas St., Suite 225, Omaha, NE 68114

Assault Lawyers | Omaha Office

1001 Farnam Street, 3rd Floor, Omaha, NE 68102-1820

Assault Lawyers | Omaha Office

9290 W Dodge Rd, Suite 100, Omaha, NE 68114

Assault Lawyers | Plattsmouth Office | Serving Omaha, NE

545 Main Street, PO Box 489, Plattsmouth, NE 68048

Assault Lawyers | Omaha Office

209 S. 19th Street, Suite 323, Omaha, NE 68102

Assault Lawyers | Omaha Office

10110 Nicholas St, Suite 102, Omaha, NE 68114

Assault Lawyers | Omaha Office

13520 California St, Suite 290, Omaha, NE 68154

Assault Lawyers | Omaha Office

209 S. 19th Street, Suite 400, Omaha, NE 68102

Assault Lawyers | Omaha Office

13330 California St, Suite 200, Omaha, NE 68154

Omaha Assault Information

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Find an Assault Attorney near Omaha

The Average Total Federal Prison Sentence for Assault in Nebraska

23.8 months*

* based on 2019 Individual Offenders - Federal Court sentencing in Nebraska federal courts. See Sentencing Data Information for complete details.

Do You Need a Criminal Assault Attorney?

If you need to defend against criminal assault charges, an Omaha criminal assault lawyer can make all the difference. Assault charges are serious and no one should try and defend themselves without legal help.

The Crime of Assault

Since an assault can be both a crime and a tort, you can be held civilly and criminally responsible. Each state has its own definition of what the crime of assault entails and normally includes the victim apprehending some sort of harmful and/or offensive contact. It can also be when there is an attempted battery, but it was not successful.

What Are The Types of Assault?

The most commonly encountered forms of assault are simple assault, aggravated assault, verbal assault and sexual assault.

Simple assault refers to any violence, or threat thereof, which does not involve the use of a deadly weapon. One example of simple assault might be a fellow patron threatening to punch you in the face over a disagreement at a bar, and another might be getting involved in the fight that follows.

Aggravated assault is a more serious form of assault, and by definition involves the use of a deadly weapon. Someone threatening to kill you while brandishing a firearm could be found guilty of aggravated assault, for example.

Sexual assault occurs when an offender, without the consent of the victim, engages in any non-consensual sexual act. A bar patron groping another guest’s breasts without their consent would constitute an act of sexual assault.

Verbal assault is as it sounds, and is typically more of a societal infraction or grounds for a civil suit rather than a criminal case. While verbal assault may be part of a simple or basic assault charge (threats of violence, if credible, do constitute assault) it is not a criminal charge in and of itself.

What Are The Differences Between Felony and Misdemeanor Assault?

Assault can be charged as either a misdemeanor or a felony offense, based both on the jurisdiction as well as the severity of the alleged offense itself.

What was earlier described as simple assault is more commonly charged as a misdemeanor. A blow to the chest that left no lasting medical impression on the victim could be charged as a misdemeanor if the offender is a first-time offender. That being said, repeat offenders may see an instance that may have been afforded leniency by a court prosecutor escalated to a felony offense.

Instances of aggravated assault, however — even if not legally differentiated from assault or battery in a particular case — are almost always charged as felony offenses. Cutting someone with a knife, shooting someone with a gun or any other instance of serious physical violence which results in non-superficial bodily harm are instances in which felony charges are likely.

It should also be noted that assault and battery are commonly conflated, and some jurisdictions do not differentiate between the two. In jurisdictions that do delineate the two charges, battery typically requires that physical contact is actually made between the offender and victim during the offense, while assault does not require this element.

What Are The Different Degrees of Assault?

There are several different degrees of assault. Assault with intent to murder can result in imprisonment for a period of up to 20 years if convicted, while assault with a dangerous weapon can be penalized by up to 10 years behind bars. Simple assault can result in fines as well as a jail sentence of up to one year.

Many state courts treat assault under a difference of degrees. In some states, for example, an assault can be charged as a Class A misdemeanor, as a Class D felony or as a Class B felony. If you are charged a misdemeanor, you could be penalized with a fine, a jail sentence and probation for years. A Class D felony conviction could lead to incarceration, while a Class B felony conviction can result in a sentence of between three to 25 years imprisonment.

Why Do You Need a Defense Lawyer for Assault Charges?

If you are facing assault charges, whether felony or misdemeanor and at the state or federal level, it is highly advisable that you secure the services of an experienced criminal defense attorney.

Assault charges are taken quite seriously by courts, and a conviction will result not only in potential incarceration, hefty fines and restitution but also a criminal record. A skilled lawyer can help you navigate the options available to you and craft the best defense possible.

Do You Need a Criminal Assault Attorney?

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

If you need to defend against criminal assault charges, an Omaha criminal assault lawyer can make all the difference. Assault charges are serious and no one should try and defend themselves without legal help.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

  • Bill by the hour
  • Contingent fee agreement
  • Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.

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