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Criminal charges

assault on a police officer

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.

In Nebraska, assault is defined under Nebraska Revised Statute 28-310 to 28-311.01. The state differentiates between degrees of assault, with First Degree Assault being the most serious, involving the intentional or knowing cause of serious bodily injury to another person. Second Degree Assault involves intentional bodily injury with a dangerous instrument, and Third Degree Assault can involve either intentional bodily injury without a dangerous instrument or negligently causing bodily injury with a dangerous instrument or firearm. Assaulting a police officer or a peace officer is indeed considered a more serious offense in Nebraska. Under Nebraska Revised Statute 28-931, assaulting an officer, certain employees, certain health professionals, or a health care provider is a separate offense that can range from a Class IIIA felony to a Class II felony, depending on the circumstances and the degree of injury caused.

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Criminal charges

assault on a police officer

Individual & Family Legal Plan

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Nebraska State Code

Articles

Criminal charges

assault on a police officer

Nebraska State Code