Omaha Assault Lawyer: Get the Best Defense for Your Case
If you’ve been arrested or accused of assault in Omaha, you need to understand one thing immediately: assault cases move fast, and the story gets written early — usually by police reports and one-sided statements. By the time you get to your first court date, the prosecution may already be framing you as the aggressor, pushing for harsh conditions of release, and stacking charges to raise the stakes. That’s why you don’t “wait and see” with an assault allegation. You fight it — right now.
At Miltenberger Law Offices, we’re a leading Omaha criminal defense law firm that defends clients charged with misdemeanor and felony assault, including cases involving bar fights, domestic disputes, road rage incidents, and allegations tied to weapons. We know how quickly a heated moment can turn into a criminal case, and we know how prosecutors build assault cases to win. Our job is to tear that case apart: challenge the evidence, expose contradictions, and put the truth back in the center of the courtroom.
Assault Charges in Omaha: What You’re Really Facing
In Nebraska, assault allegations can involve claims that you intentionally caused, or attempted to cause, bodily injury. In some cases, prosecutors also pursue assault charges based on reckless conduct that they claim created a risk of serious harm. But here’s the part most people miss: assault is rarely as clear-cut as the police report makes it sound.
Assault cases in and around Omaha often involve:
- Competing stories from two people who were both emotional
- Witnesses who saw only part of what happened
- Misidentification or assumptions made in chaotic situations
- Self-defense claims that weren’t documented correctly
- Injuries that look worse than what actually occurred
- Police arriving after the fact and relying on whoever spoke first
If you’re being accused of assault, you need a skilled Omaha assault attorney who will dig into every detail—not someone who takes the report at face value.
Different Types of Assault Charges in Nebraska
In Nebraska, assault is categorized by degrees (First, Second, Third), involving varying levels of intent and harm, from simple misdemeanor threats to felony serious bodily injury. Here’s a breakdown of the degrees, from least to most severe:
Third-Degree Assault in Omaha (Nebraska Revised Statute § 28-310)
Punishable as a misdemeanor (Class I or II), involving fines, probation, or even jail time. A person commits this level of assault if they intentionally, knowingly, or recklessly causes bodily injury to another individual or threatens another in a menacing manner. Examples include:
- A physical fight with minor injuries
- Recklessly causing harm, like hitting your spouse when you meant to hit someone else
- Making threats that cause someone to reasonably fear immediate harm
Second-Degree Assault (Neb. Rev. Stat. § 28-309)
The penalty for this degree of assault is a Class IIA felony, which can include up to 20 years in prison. This occurs when someone causes significant bodily injury, often involving a weapon or other aggravating factors. Can also include unlawfully striking or wounding another individual while confined in a jail or correctional institution or while committed as a dangerous sex offender under the Sex Offender Commitment Act. Examples include:
- Stabbing someone with a knife
- Throwing a large object like a piece of curbing or rock with intent to injure
- Recklessly using a vehicle in a manner that causes significant harm, such as driving directly at someone on a sidewalk at high speed
- An inmate assaulting another person within a correctional facility
First-Degree Assault in Omaha (Neb. Rev. Stat. § 28-308)
Assault in the first degree is punishable as a Class II felony, carrying a sentence of up to 50 years in prison. This occurs when someone intentionally or knowingly causes “serious bodily injury” to another individual. Examples include:
- Using a firearm, bat, or other deadly object to cause serious harm
- Shooting someone in the chest, requiring surgery
- Violently attacking someone to inflict serious injuries, like a concussion and a broken nose
Other Assault Charges in Omaha
- Aggravated Assault: This is a broader term often added to felonies involving weapon attacks or severe injury.
- Assault by Strangulation: A distinct charge in Nebraska, under Neb. Rev. Stat. § 28-310.01, for choking an intimate partner or family member. This is often a felony.
There Are Two Sides to Every Omaha Assault Case — And We Prove It
Assault charges in Omaha are often filed in situations where the truth is complicated. People argue. People react. People defend themselves. And sometimes, the person who calls first is treated like the victim, regardless of what actually happened.
Our defense strategy starts with one priority: get the full story and lock in the facts before they disappear. That means moving quickly to:
- Identify and contact witnesses
- Preserve surveillance video (bars, parking lots, businesses, doorbells)
- Obtain 911 call recordings and dispatch logs
- Review bodycam footage and officer reports for inconsistencies
- Document injuries accurately and challenge exaggerated claims
The truth doesn’t usually live in one statement. It lives in the timeline, the video, the witnesses, and the details. We go get those.
Why Choose Miltenberger Law Offices for Assault Charges in Omaha?
Assault cases are won by lawyers who understand both sides of the courtroom. Our lead attorney, Cody Miltenberger, brings the perspective of someone who knows how prosecutors think, how they charge, and how they negotiate, because he’s seen how the other side builds cases. That insight matters in assault allegations where the state often relies on:
- One witness statement
- A rushed narrative
- Incomplete investigation
- Emotional testimony instead of reliable evidence
We know what the prosecution needs to prove, and where their case is most vulnerable. Then we exploit those weaknesses aggressively.
When Assault Charges Get More Serious in Omaha: Enhancements and Weapons Allegations
Prosecutors frequently try to increase leverage by attaching additional charges or enhancements, especially if they claim a weapon was present or used. In some cases, that can raise the case from a misdemeanor into a felony-level prosecution and dramatically increase your exposure.
If your Omaha assault charge is paired with:
- a weapons offense
- an allegation of serious bodily injury
- claims involving a protected person
- or prior convictions
…you can be facing consequences that impact your freedom for years, not just weeks.
This is exactly why an early, trial-ready defense is critical. The sooner our Omaha assault lawyers intervene, the more opportunities we have to keep the case from escalating.
Our Omaha Assault Defense Playbook: How We Fight Back
At Miltenberger Law Offices, we don’t “handle” assault cases. We attack them. Our defense approach commonly focuses on:
Self-Defense / Defense of Others
If you acted to protect yourself or someone else in or around Omaha, the state must still prove you acted unlawfully. We build the narrative and evidence to support what really happened.
Lack of Intent / Misinterpretation
Many Omaha assault cases involve reflexive reactions, misunderstandings, or accidental contact that prosecutors try to frame as intentional harm.
Credibility Issues and Conflicting Accounts
Assault allegations often rely on a single version of events. We challenge inconsistencies, motives, bias, and unreliable statements.
Evidence Problems
Video, witness statements, medical records, and timing matter. When evidence doesn’t match the report, the case weakens — fast.
Constitutional and Procedure Challenges
If the police made errors during the investigation, detainment, questioning, or arrest, we press those issues aggressively.
Talk to an Omaha Assault Lawyer at Miltenberger Law Offices Today — Before the Case Builds Without You
Assault charges can affect your employment, your reputation, your gun rights, your ability to travel, and your freedom. And once the court issues conditions, like no-contact orders, restrictions, or probation holds, it can disrupt your entire life.
If you’ve been charged with assault in Omaha or anywhere else in Nebraska, don’t walk into this alone.
Call Miltenberger Law Offices now at (402) 217-2267 or contact us online for a free, confidential consultation. We’ll review what happened, explain what you’re facing, and start building a defense strategy designed to protect your record, and put you in the strongest possible position to win.
