Legal Question in Criminal Law in Nebraska

3rd degree asult

The owner of a bar filled an assult charge against me for slapping him. the next day he tried to have the charge dropped because he claims he was drinking and dosnt want the problems associated with his bar. They told him once it had been filed he could not drop the charges, I have to go to court tomorrow for the charge. My question is, do i have a chance on getting this thing dropped if I plead not guilty, and tell the court that he dosnt even want to press charges.

It was all just a big mis-understanding. That both parties just want to forget ever happened.

Also what kind of punishment does a 3rd degree assult charge consist of?


Asked on 11/25/02, 10:55 am

1 Answer from Attorneys
William Jones William P. Jones, Attorney-at-Law

Re: 3rd degree asult

Whether to proceed with prosecution is a decision made by the prosecutor, not the victim. The county attorney/city attorney will generally not be enthusiastic about prosecuting a case where the victim doesn't want to cooperate, but they may decide that its important enough to go ahead. This is most often true in domestic violence cases.

Third degree assault is a class I misdemeanor, unless part of a mutual fight/scuffle where it is a class II misdemeanor. Class I misdemeanors carry up to one year in jail and no minimum jail time required. Class II carry a maximum of 6 months in jail with no required minimum. Each has a maximum fine of $1000 which can be imposed with jail time, or without.

Read more
Answered on 11/25/02, 11:10 am


Related Questions & Answers

More Criminal Law questions and answers in Nebraska