Assault Attorney in Omaha

Over 22 Years of Criminal Defense. A Not Guilty Verdict in Assault. Ready for Trial.

An assault charge in Omaha can range from a Class I misdemeanor to a Class II felony carrying up to 50 years in prison. The charge classification, the alleged victim’s identity, and the circumstances of the incident all shape what a Douglas County prosecutor can pursue. Being accused isn’t the same as being guilty. The prosecution must prove every element of the offense beyond a reasonable doubt, and that burden opens the door to a strong defense.

McGoughLaw P.C. L.L.O. has been defending clients against state and federal criminal charges for over 22 years. We have a Not Guilty verdict in an assault case, and we begin preparing every case for trial from day one. Past results don’t guarantee future outcomes, but that record reflects how seriously we take our clients’ defense.

Nebraska Assault Charges: Classifications & Penalties

Nebraska treats assault and battery as the same offense. There is no separate battery charge under state law. What prosecutors file depends on the severity of the alleged harm, the means used, and the identity of the alleged victim.

First Degree Assault (§28-308)
Intentionally or knowingly causing serious bodily injury to another person. This is a Class II felony, punishable by 1 to 50 years in prison.

Second Degree Assault (§28-309)
Causing bodily injury with a dangerous instrument, or recklessly causing serious bodily injury with a dangerous instrument. This is a Class IIA felony carrying up to 20 years in prison. Under Nebraska law, a “dangerous instrument” isn’t limited to firearms or knives. Any object capable of inflicting bodily injury, based on its nature and the manner and intention of its use, can qualify.

Third Degree Assault (§28-310)
Intentionally, knowingly, or recklessly causing bodily injury, or threatening another in a menacing manner. Generally a Class I misdemeanor, with up to one year in jail and a $1,000 fine. When the offense occurs in a mutual fight, it drops to a Class II misdemeanor carrying up to 6 months and a $1,000 fine.

Assault by Strangulation or Suffocation (§28-310.01)
Typically a Class IIIA felony. It escalates to a Class IIA felony when a dangerous weapon is involved, serious bodily injury results, or the defendant has prior convictions for the same offense.

Charges can also be enhanced when the alleged victim is a peace officer, emergency responder, or healthcare worker, or when the offense is motivated by the victim’s race, religion, gender, sexual orientation, age, disability, or other protected status under Nebraska’s hate crime statute. Both situations carry elevated penalty classes.

A Conviction Follows You: Consequences Beyond the Sentence

A conviction doesn’t end when sentencing does. A felony assault conviction can result in the permanent loss of the right to own or possess a firearm under both state and federal law. Under Nebraska law, a misdemeanor domestic violence assault conviction triggers a seven-year firearm restriction.

Employment is another lasting obstacle. Many industries require background checks, and an assault conviction can disqualify a person from positions in healthcare, education, finance, and government. Landlords run background checks too. Assault charges that arise in domestic situations can also affect protective orders and child custody proceedings, creating consequences that reach well outside the criminal case itself.

The McGoughLaw Approach to Assault Defense in Omaha

Many criminal defense firms assign one attorney to a case. We don’t work that way. At McGoughLaw P.C. L.L.O., every assault case benefits from the input of both attorneys and non-attorneys during case preparation. The facts, the evidence, and the available defense angles are evaluated from multiple perspectives before we settle on a strategy. What works in front of one judge or jury panel doesn’t always work in front of another, and a broader review helps us tailor the approach.

Our standing as trial lawyers matters in plea negotiations too. Douglas County prosecutors know we’re prepared to take a case to a jury if that’s what it takes, and that readiness can put us in a stronger negotiating position from the start. We investigate all facts, look for every piece of evidence that may support the defense, and don’t encourage any client to accept a plea without a thorough review of all options.

Our membership in the National Criminal Defense Attorneys Association and the Nebraska Criminal Defense Attorneys Association reflects a commitment to this area of law that goes beyond the courtroom. Our attorneys are licensed in Nebraska, Iowa, and before the United States Supreme Court, and we handle both state and federal charges.

Contact an Omaha Assault Attorney Before the Case Gets Harder to Fight

The earlier a defense attorney gets involved in an assault case, the sooner evidence can be preserved, witnesses located, and your constitutional rights protected. Early intervention can shape what options are available later.

McGoughLaw P.C. L.L.O. serves clients throughout Nebraska and handles federal cases in both Nebraska and Iowa. We’re available after hours for emergencies.