If you have been charged with assault, you need to retain the services of a trusted Omaha, NE felony assault lawyer who can help you figure out your options, build a defense to fight for you in court, negotiate any deals, and vigorously represent you in court. Stockmann Law and Daniel Stockmann have vast experience as felony lawyers in many different areas of criminal law, including felony assault, domestic assault, aggravated assault, and malicious wounding.
Assault cases are notoriously tricky to handle and our legal team will help you to get to the bottom of what happened and then fight for your rights in court. It is important to start as early as possible in order to preserve evidence and have enough time to prepare. Call our team now to schedule a free case evaluation.
What is Felony Assault?
Felony assault or aggravated assault is a label given to the intention act of causing immediate physical harm to another person. The complete legal definition varies from state to state, but Nebraska 28-309 defines felony assault in the second degree as:
(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
(c) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act.
(2) Assault in the second degree shall be a Class IIA felony.
Felony assault always includes physical injury of another person. Simply threatening another person is usually a misdemeanor level of assault and will result in lesser penalties.
Felony assault, on the other hand, is more severe and carries significant consequences. As assault gets charged as a felony when it involves some sort of aggravating factor.
Omaha, NE Felony Assault Lawyer: Offense Levels
In Nebraska, there are three levels of assault. There is some variability in each level and the punishment will align with the crime committed. A good felony assault lawyer may be able to reduce the degree of your offense or have it eliminated completely in court.
Nebraska Felony Assault Defenses
There are a few different defenses that an Omaha, NE felony assault lawyer can take when they are defending you. It all depends on the circumstances surrounding your arrest and charge. Some of the defenses that Stockmann Law has used in the past include:
Self Defense: This is a common defense because people get into physical fights quite often and sometimes, the person who is stronger ends up just defending themselves but cause more damage. With this defense, the defendant is admitting that they did assault someone, but work to prove that they only did it to protect themselves.
Duress: Similarly, the duress defense involves proving that while the defendant did inflict bodily harm on the other person, it was only becaue they were pressured to do so for some reason. Either they were blackmailed or forced to do it or they were at risk of having serious physical injury inflicted on themselves if they did not act.
Lack of Intent: This defense argues that they did not intend to cause any physical harm to the other party. It was something that happened by accident when they were playing around or it was a complete accident.
Consent: In some cases, it is possible that the defendant can prove that the other party consented to participating in the assault. This is rare and extremely hard to prove, but it does happen, particularly with younger defendants.
Intoxication: This is another tricky defense because it can be hard to prove. Simply being intoxicated isn’t enough. You must be able to prove that you were involuntarily intoxicated, meaning someone slipped a drug into your drink or you were forced to drink.
Of course, there are other defenses as well. Stockmann Law has a team of people who will dig into the details surrounding your case to help mount your defense. Often, Daniel Stockmann is able to negotiate out of court with the prosecution. We may be able to have your felony charges reduced to a misdemeanor assault charge or have them completely dropped.
For more information, or to schedule a free case evaluation so that you can get personalized information, reach out to Stockmann Law today.
Aggravated Assault With A Deadly Weapon Lawyer in Omaha, NE
Assault with a deadly weapon refers to any object that can inflict bodily harm on someone, including a chair, car, or any other heavy item. A deadly weapon also refers to a gun, knife, or anything else that may be used to harm someone. In some situations, body parts can be used as deadly weapons too, including feet, teeth, and hands.
The assault with a deadly weapon sentence is steep and many courts will try to make an example out of someone. If you have been charged with aggravated assault with a deadly weapon, you absolutely need to get a lawyer on your side as soon as possible. Contact Stockmann Law right away to get the legal support you need.
For more information about weapons charges in Nebraska, click here.
Felony Domestic Assault Lawyer in Omaha, NE Defends You
Domestic assault charges are particularly egregious because it can impact your reputation on multiple levels. If you have children, it can make it difficult for you to get custody or adequate time with them. If you are a business owner or a person with some name recognition, it can be hard to rebuild your reputation after this kind of charge. Even if you are found innocent, without the help of a fantastic felony assault lawyer, you will still have trouble with people who don’t believe your innocence. Your legal team needs to mount a defense that leaves no question whether or not you were innocent.
If you have been charged with felony domestic assault, contact Stockmann Law, an Omaha, NE law firm that specializes in felony assault cases. Call Daniel Stockmann today to schedule a free case evaluation.
What To Do After A Felonious Assault Charge In NE
The most important thing you will do after a felonious assault charge in Nebraska is reach out to a felony assault lawyer who has experience with Nebraska law. Felony assault is considered a very, very serious crime and the legal penalties are extreme.
In general, most felonies will have similar consequences, and they include serving a prison sentence, paying fines, and perhaps going on probation for an extended period of time. Depending on the type of assault you’ve been charged with, you may also see implications for your reputation, child custody agreements, and ability to own a weapon or vote.
These are harsh consequences, even for such a serious crime. You don’t want to put your entire life at risk, particularly if you do not believe that you deserve such a harsh crime.
Contact Our Omaha, NE Felony Assault Lawyer Today
There is no time to waste - you have to act quickly to start mounting a defense, talking to witnesses, preserving evidence, and protecting your reputation. Our legal team swiftly jumps to action on the first day to work on your defense. With Stockmann Law, you are in good hands.
We are currently taking on felony assault charges in Omaha, NE and the surrounding areas. Start by calling and scheduling a free consultation with our team so that we can get some details about your case and determine if we are the best felony assault law firm for you.