Omaha Domestic Violence Defense Attorney
Domestic Violence Charges in Nebraska
Domestic violence charges can have a long-range and serious negative impact on your life. These are accusations that often stem from a contentious breakup of a marriage or relationship, eliciting highly-charged situations involving spite, revenge, jealousy, and more. They may be an attempt to gain the upper hand in a divorce or child custody situation by the accuser.
You could be facing an arrest of this nature based solely on the statements of your accuser, which could be false, misleading, or exaggerated. Law enforcement are commonly forced to make an arrest on such allegations
Because of the severe consequences in any domestic violence charge, the earlier you bring in a strong defender the better. At Scarff Law Firm, you can rely on the extensive legal and trial experience of our Omaha domestic violence defense attorney. Attorney Scarff has won national awards recognizing his excellence as a trial lawyer and legal representative which reflect the level of service you can expect.
Our firm provides our clients with caring, authentic, and highly skilled legal help aimed at achieving the best possible outcome available. We take all of our clients’ cases personally – working diligently throughout all phases of the legal process.
What is Domestic Violence?
In the state of Nebraska, domestic violence is the reckless, knowing, or intentional physical harm caused to an intimate partner.
Who is Considered an Intimate Partner?
In Nebraska, domestic violence cases are those occurring between family and intimate partners such as:
- Former spouses
- Persons who have had a child together
- Dating partners
- Former dating partners
What are the Categories of Domestic Violence?
These cases can be charged as misdemeanors or felonies, depending on the circumstances. They fall into three separate categories:
- Third-degree domestic assault
- Second-degree domestic assault
- First-degree domestic assault
What are the Penalties for Domestic Violence?
- Third-degree domestic assault is defined as the intentional causing of bodily injury to the alleged victim, threatening the alleged victim with imminent bodily injury, or threatening in a menacing way and charged as a Class I misdemeanor in a first offense, punishable by up to a year in jail and/or fines of up to $1,000. Second offenses involving actual bodily injury or the threat of bodily injury will be charged as Class IV felonies punishable by up to five years in prison and fines of up to $10,000.
- Second-degree domestic assault consists of intentionally injuring the alleged victim with a dangerous weapon/instrument. Anything used to inflict injury, even a baseball bat, could be considered a dangerous weapon. In a first offense, it is charged as Class IIIA felony punishable by up to five years in prison and fines of up to $10,000. In a repeat offense, it is charged as a Class III felony carrying penalties of one up to 20 years in prison and fines of up to $25,000.
- First-degree domestic assault consists of intentionally causing serious injury to the alleged victim (as opposed to injury only). Serious injury could mean a risk of death, permanent disfigurement, or permanent dysfunction of a body part. In a first offense it is charged as a Class III felony punishable as above. A repeat offense will bring Class II felony charges punishable by one up to 50 years in prison.
In all domestic violence convictions, you may also be required to pay restitution for any medical expenses, counseling, or property damage expenses which resulted from the offense.
Get Aggressive Legal Help from Scarff Law Firm
Domestic violence accusations should be taken very seriously; you should not hesitate in seeking our help as soon as possible. Our firm will carefully investigate and review your arrest and charges to determine the best possible defense strategy.
In cases where the accusation is baseless, we will seek a case dismissal. In other scenarios, we can negotiate with the prosecutor for reduced charges or sentencing. Where appropriate, we will take your case to court seeking the best possible result.
Aggravated DUI with Drugs Charges Reduced
Felony Possession Charges Reduced
First Degree Sexual Assault Case Dismissed
First Degree Domestic Violence with a Handgun Case Dismissed
First Degree Domestic Violence Charges Reduced
Aggravated DUI Charges Reduced
“I was facing serious charges and he helped me feel better about it as soon as I met with him.”- James F.
“I am sincerely grateful for attorney James Scarff and recommend his services with the highest regards!”- Susie B.
“I couldn’t have asked for a better person to handle my life at such a difficult time.”- Michele S.