Nebraska Assault Laws: Degrees, Felony Assault and Penalties (2026)

Nebraska has no crime called battery. Its criminal code uses one offense, assault, in three degrees: third-degree assault under Neb. Rev. Stat. 28-310 covers both causing bodily injury and threatening someone "in a menacing manner," and is a Class I misdemeanor (Class II if committed in a fight or scuffle entered into by mutual consent), while second-degree assault (bodily injury with a dangerous instrument, 28-309) and first-degree assault (serious bodily injury, 28-308) are felonies. Separate statutes cover strangulation (28-310.01), domestic assault (28-323) and assaults on officers, emergency responders, corrections employees and health care professionals (28-929 to 28-931.01). For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nebraska's assault statutes (Neb. Rev. Stat. 28-308 to 28-310.01, 28-311.01, 28-323 and 28-929 to 28-934), the pregnant-victim enhancement in 28-115, the definitions in 28-109, the penalty classes in 28-105 and 28-106, the habitual criminal statute 29-2221, and the civil limitations sections 25-207, 25-208, 25-213 and 25-228. It does not cover self-defense and justification (see Nebraska self-defense laws), protective orders (see Nebraska restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub) or city and county ordinances.

Assault vs. battery in Nebraska

Nebraska does not have a separate battery statute. The word battery does not appear in its assault sections (28-308 to 28-310.01, 28-323 and 28-929 to 28-932). What many states call battery, causing an injury, is assault in Nebraska, and so is a menacing threat.

Section 28-310(1) defines third-degree assault this way:

"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."

Under 28-310(2), third-degree assault "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."

The degrees climb with the injury and the means. Bodily injury with a dangerous instrument is second-degree assault, and serious bodily injury caused intentionally or knowingly is first-degree assault.

Nebraska assault charges and penalties at a glance

The felony ranges come from Neb. Rev. Stat. 28-105(1). For example, a Class IIIA felony carries a maximum of "three years imprisonment and eighteen months post-release supervision or ten thousand dollars fine, or both," with no minimum, and a Class II felony carries a maximum of fifty years and a minimum of one year. The misdemeanor ranges come from 28-106(1): a Class I misdemeanor carries "not more than one year imprisonment, or one thousand dollars fine, or both." These are the limits the statutes set, not a prediction of the sentence in any case.

These are the ranges for the offense itself; 28-115 raises the class by one step for most of these offenses when the victim is pregnant (unless the offense is already a Class I, IA or IB felony), and Neb. Rev. Stat. 29-2221 sets higher mandatory minimums for habitual criminals, described below.

A person twice previously convicted of a crime, sentenced and committed to prison for terms of at least one year each, who is convicted of a felony committed in Nebraska is a habitual criminal under 29-2221, punishable by a mandatory minimum of ten years and up to 60 years. If the new felony is first-degree assault (28-308) or first-degree assault on an officer or covered person (28-929) and at least one prior felony conviction was for an offense listed in 29-2221(1)(a), the mandatory minimum is 25 years.

Is assault a felony in Nebraska?

Ordinary assault that causes bodily injury, or a menacing threat, is third-degree assault, a Class I misdemeanor. Assault becomes a felony when:

• A dangerous instrument is involved. Second-degree assault (28-309) is a Class IIA felony, punishable by up to 20 years.
• Serious bodily injury is caused intentionally or knowingly. First-degree assault (28-308) is a Class II felony, 1 to 50 years.
• Strangulation or suffocation is involved. Assault by strangulation or suffocation (28-310.01) is a Class IIIA felony, whether or not a visible injury resulted.
• The victim is a covered officer, emergency responder, corrections employee or health care professional. Causing bodily injury to one of them on duty is a Class IIIA felony (28-931).
• The person is confined. Assault causing bodily injury by a person legally confined or in Department of Correctional Services custody is a Class IIIA felony (28-932).
• It is a repeat domestic assault. Third-degree domestic assault becomes a Class IIIA felony after one previous domestic assault conviction (28-323(4)).
• The victim is pregnant. Under 28-115, assault, strangulation, domestic assault and the officer and confined-person assault offenses committed against a pregnant woman are punished one class higher (a Class I misdemeanor becomes a Class IIIA felony); the prosecution must prove the pregnancy beyond a reasonable doubt.

The lowest felony grade in this group is the Class IIIA felony.

Definitions that decide the grade

Section 28-109 defines the key injury and weapon terms for the Nebraska Criminal Code:

Bodily injury (28-109(4)): "physical pain, illness, or any impairment of physical condition."

Serious bodily injury (28-109(21)): "bodily injury which involves a substantial risk of death, or which involves substantial risk of serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body."

Deadly weapon (28-109(8)): "any firearm, knife, bludgeon, or other device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or serious bodily injury."

Because bodily injury includes physical pain, an assault that leaves no mark can still be third-degree assault. Section 28-109 does not define "dangerous instrument," the term that separates second-degree from third-degree assault.

Assaulting a police officer, firefighter or health care worker in Nebraska

Nebraska has a separate ladder of assault offenses (28-929 to 28-931.01) for these covered persons, as the statutes word them:

• a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services, while engaged in the performance of official duties;
• an employee of the Department of Health and Human Services, if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act, while engaged in the performance of official duties; and
• a health care professional, "while the health care professional is on duty at a hospital or a health clinic."

The covered-person list does not name teachers, school employees or sports officials.

Section 28-934 separately makes it assault with a bodily fluid to knowingly and intentionally strike an on-duty public safety officer with any bodily fluid. It is a Class I misdemeanor, or a Class IIIA felony if the fluid struck the officer's eyes, mouth or skin and the person knew its source was infected with HIV, hepatitis B or hepatitis C.

Domestic assault in Nebraska

Nebraska's domestic assault statute, 28-323, was rewritten by LB965, which the Governor approved on April 16, 2026, with an operative date of July 18, 2026. The act's title describes it as changing "provisions relating to the elements and penalties for the offense of domestic assault and the penalties for the offense of assault by strangulation or suffocation." The descriptions on this page follow the text now in force.

The statute applies to an "intimate partner," which 28-323(7)(b) defines as "a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship." A dating relationship means "frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context."

Previous convictions raise the class of each degree:

• Third degree (bodily injury or a threat of imminent bodily injury) is a Class I misdemeanor. Under 28-323(4), it is punished as a Class IIIA felony if the person "has one previous conviction for a violation of subsection (1), (2), or (3) of this section or a substantially equivalent offense," and as a Class IIA felony if the person "has previously been convicted two or more times" for any of those violations or a substantially equivalent offense.
• Second degree (bodily injury with a dangerous instrument) is a Class IIA felony, punished as a Class II felony under 28-323(5) if the person "has one or more previous convictions for a violation of subsection (2) or (3) of this section or a substantially equivalent offense."
• First degree (serious bodily injury) is a Class ID felony, punished under 28-323(6) "as a Class IB felony with a mandatory minimum sentence of fifteen years' imprisonment if such person has one or more previous convictions for a violation of subsection (3) of this section or a substantially equivalent offense." Section 28-105 sets the Class IB range at up to life imprisonment with a minimum of twenty years, so the two statutes state different minimums.

Strangulation or suffocation of any person, including an intimate partner, is a separate offense under 28-310.01, which LB965 also amended.

Under federal law, 18 U.S.C. 922(g)(9) makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub covers the federal layer. Protective orders are a separate civil process; see Nebraska restraining order laws.

Civil lawsuits for assault and battery in Nebraska

A criminal case and a civil lawsuit for money damages are separate. The state brings the criminal case; the injured person may bring a civil claim.

Nebraska's limitations statutes do not name assault or battery specifically. Section 25-208 does not list them, and 25-207(3) sets four years for "an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated." If the injured person was under 21 (25-213 says "within the age of twenty years," which the Nebraska Supreme Court reads as until age 21), had a mental disorder or was imprisoned when the claim arose, 25-213 lets the period run from when that disability ends, and 25-228 sets no time limit for a claim against the person who directly caused injury through sexual assault of a child under 28-319.01 or 28-320.01, subject to the dates in that section. Which period applies to a particular claim is a question for a Nebraska lawyer. For other filing deadlines, see the Nebraska statute of limitations guide.

Related legal issues

• Self-defense. Justification is a separate topic; see Nebraska self-defense laws.
• Protective orders. See Nebraska restraining order laws.
• Clearing a record. Whether an assault conviction can be cleared from a record is covered in Nebraska expungement laws.

Related pages

• Assault and battery laws by state
• Nebraska self-defense laws
• Nebraska restraining order laws
• Nebraska expungement laws
• Nebraska statute of limitations
• Kansas assault and battery laws

This article provides general legal information about Nebraska assault law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Nebraska.

Last updated: 2026-10-13.

Frequently Asked Questions

Does Nebraska have a battery law?

No. Nebraska charges both causing bodily injury and menacing threats as assault, graded in three degrees under Neb. Rev. Stat. 28-308 to 28-310.

Is assault a felony in Nebraska?

Third-degree assault is a Class I misdemeanor (Class II in a mutual-consent fight); the Class I form is a Class IIIA felony if the victim is pregnant (28-115). Second-degree assault with a dangerous instrument is a Class IIA felony and first-degree assault causing serious bodily injury is a Class II felony.

What is the penalty for third-degree assault in Nebraska?

It is a Class I misdemeanor under Neb. Rev. Stat. 28-310, punishable by up to one year in prison, a $1,000 fine, or both under 28-106. If committed in a fight or scuffle entered into by mutual consent, it is a Class II misdemeanor, up to six months, a $1,000 fine, or both. Against a pregnant woman the Class I form is punished as a Class IIIA felony (28-115).

What happens if you assault a police officer in Nebraska?

Intentionally, knowingly or recklessly causing bodily injury to a peace officer engaged in official duties is a Class IIIA felony under 28-931. With a dangerous instrument it is a Class II felony (28-930), and causing serious bodily injury is a Class ID felony (28-929). Knowingly and intentionally striking an on-duty officer with a bodily fluid is a Class I misdemeanor, or a Class IIIA felony in the circumstances listed in 28-934(3).

Is assaulting a nurse a felony in Nebraska?

Causing bodily injury to a health care professional while the professional is on duty at a hospital or a health clinic is a Class IIIA felony under Neb. Rev. Stat. 28-931.

Is choking someone a felony in Nebraska?

Yes. Knowingly and intentionally impeding normal breathing or blood circulation by pressure on the throat or neck, or covering the mouth and nose, is assault by strangulation or suffocation, a Class IIIA felony under 28-310.01, regardless of whether a visible injury resulted.

What is domestic assault in Nebraska?

Under Neb. Rev. Stat. 28-323, domestic assault is assault on an intimate partner: a spouse, former spouse, a person with whom one has a child in common, or a current or former dating partner. Third degree is a Class I misdemeanor that rises to a felony with previous domestic assault convictions.

How long do you have to sue for assault in Nebraska?

Nebraska statutes do not name assault or battery. Section 25-207(3) sets four years for an injury to the rights of the plaintiff not arising on contract and not otherwise listed. If the injured person was under 21, had a mental disorder or was imprisoned when the claim arose, 25-213 lets the period run from when that ends, and 25-228 sets no time limit for some claims against the person who committed sexual assault of a child. A Nebraska lawyer can say which period applies to a given claim.