Nebraska Domestic Violence Law
Nebraska Domestic Violence Defense
What you're facing under Neb. Rev. Stat. § 28-323, how the penalties scale, and the questions your attorney needs to answer, specific to Nebraska (NE) domestic violence law.
Offense Class
Class I Misdemeanor (first/second); Class IIIA Felony (third+)
Maximum Penalty
1 year (misdemeanor); 5 years (third+ felony)
Maximum Fine
$1,000 (misdemeanor); $10,000 (felony)
Federal Firearms Prohibition (Lautenberg Amendment)
A conviction for misdemeanor domestic violence in Nebraska carries a federalfirearms-possession ban under 18 U.S.C. § 922(g)(9). This consequence is collateral to Nebraska state penalties and applies regardless of the state sentence imposed.
Penalty Range in Nebraska
Charge Enhancements
These factors can elevate the charge or penalty in Nebraska:
- Third offense within 12 years (Class IIIA Felony)
- Use of a dangerous instrument (§ 28-323(2) — second degree, Class IIA Felony)
- Serious bodily injury (§ 28-323(1) — first degree, Class II Felony)
- Strangulation or suffocation
Nebraska-Specific Detail
Nebraska has three degrees of domestic assault. First degree (serious bodily injury) is a Class II Felony. Second degree (with dangerous instrument) is Class IIA Felony. Third degree is Class I Misdemeanor.
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Important: This page provides legal INFORMATION about Nebraska domestic violence 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.