Domestic Violence Charges in Nebraska

Nebraska has a separate domestic assault crime when the victim is an intimate partner (a spouse, former spouse, someone who shares a child with the defendant, or a current or former dating partner). Third-degree domestic assault (intentionally, knowingly or recklessly causing bodily injury to an intimate partner, or threatening imminent bodily injury) is a Class I misdemeanor; it becomes a Class IIIA felony (up to three years) with one prior domestic assault conviction and a Class IIA felony (up to twenty years) with two or more. Second-degree domestic assault (bodily injury with a dangerous instrument, or recklessly causing serious bodily injury with one) is a Class IIA felony, or a Class II felony with a prior; first-degree domestic assault (intentionally and knowingly causing serious bodily injury) is a Class ID felony, or a Class IB felony with a fifteen-year mandatory minimum with a prior. Strangulation or suffocation of anyone (impeding breathing or blood circulation by pressing on the throat or neck, or covering the mouth and nose), even with no visible injury, is a Class IIIA felony, or a Class IIA felony if a dangerous instrument is used, serious bodily injury results, or the person has a prior conviction.

Nebraska's rule on court-appointed lawyers: 'Indigent means the inability to retain legal counsel without prejudicing one's financial ability to provide economic necessities for one's self or one's family' (§ 29-3901(4)). Before a felony defendant's initial court appearance the public defender makes the indigency determination; after that, the court does. At the first appearance the judge advises the defendant of the right to court-appointed counsel if indigent; if the defendant asserts indigency, the court makes a reasonable inquiry into the defendant's financial condition and requires an affidavit of indigency, and if indigency is found it appoints the public defender or county conflict counsel (§ 29-3903). Neb. Rev. Stat. §§ 29-3901, 29-3903

Lawyers set their own fees, and Nebraska has rules on how they may charge. See hiring a criminal defense lawyer in Nebraska for fee rules, how to check a lawyer's license and free help.

How release before trial works in Nebraska: 'Any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance' unless the judge determines that release would not reasonably assure appearance or would jeopardize safety or the evidence (§ 29-901(1)). Defendants charged with certain Class IIIA, IV or V misdemeanors or ordinance violations must generally be released on recognizance or non-bond conditions, with listed exceptions (§ 29-901(2)). If recognizance is denied, the judge must consider the defendant's ability to pay and impose 'the least onerous' conditions that will reasonably assure appearance — supervised custody, travel or residence restrictions, or a bond; an appearance bond may be posted by a cash deposit with the clerk of a sum not to exceed ten percent of the bond amount (90% is returned after the case; minimum deposit $25) (§ 29-901(3)). Eligibility for release or supervision 'shall under no circumstances be conditioned upon the defendant's ability to pay,' and supervision fees must be waived for those unable to pay (§ 29-901(6)). Neb. Rev. Stat. § 29-901 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Nebraska expungement and record sealing rules.