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Nebraska Assault Law

Nebraska Assault Defense

What you're facing under Neb. Rev. Stat. § 28-310, how the penalties scale, and the questions your attorney needs to answer, specific to Nebraska (NE) law.

Offense Class

Class I Misdemeanor; Class IIIA Felony (third+ within 12 years)

Maximum Penalty

1 year (misdemeanor); 5 years (felony)

Maximum Fine

$1,000 (misdemeanor); $10,000 (felony)

Penalty Range in Nebraska

StatuteNeb. Rev. Stat. § 28-310 — Assault in the Third Degree
Minimum Penalty
Maximum Penalty1 year (misdemeanor); 5 years (felony)
Maximum Fine$1,000 (misdemeanor); $10,000 (felony)

Charge Enhancements

These factors can elevate the charge or penalty in Nebraska:

  • Third offense within 12 years (Class IIIA Felony)
  • Against a protected person (officer, healthcare worker)

Nebraska-Specific Detail

Third-degree assault is Nebraska's basic assault offense. Threatening behavior without actual injury is also covered. Repeat offenses within 12 years become felonies.

Is your Nebraska assault case defense on track?

The free Defense Score checks 10 critical defense behaviors specific to assault cases. Takes 2 minutes. Instant results.

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26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Nebraska defendants.

Important: This page provides legal INFORMATION about Nebraska assault possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.