Assault under Nebraska law
1. A person commits the offense of assault in the
first degree
if he or she intentionally or knowingly
causes serious bodily injury to another person.

2. A person commits
assault in the second degree if
he or she:
(a) Intentionally or knowingly causes bodily injury to
another person with a dangerous instrument;
(b) Recklessly causes serious bodily injury to another
person with a dangerous instrument; or
(c) While during confinement or in legal custody of the
Department of Correctional Services or in any county
jail, unlawfully strikes or wounds another.

3. A person commits the offense of
assault in the
third degree
if he:
(a) Intentionally, knowingly, or recklessly causes bodily
injury to another person; or
(b) Threatens another in a menacing manner.

Assault in the third degree shall be a Class I
misdemeanor unless committed in a fight or scuffle
entered into by mutual consent, in which case it shall
be a Class II misdemeanor.
Law Office of William J. O'Brien

4848 South 120th Street
Omaha, Nebraska 68137
(402) 201-8581