Sexual Assault Attorney in Omaha

Your Legal Allies & Support for Sexual Assault Defense in Omaha

If you face a sexual assault accusation in Omaha, your best step is to work with a defense team that knows the local landscape and treats your case with care. At Omaha DUI, our sexual assault defense lawyers in Omaha stand by you from day one, guiding you through the process and defending your rights at every stage. 

We serve clients throughout Omaha and nearby counties, customizing each defense strategy to the details of your situation. Our goal remains clear—protect your reputation, your freedom, and your future.

Protect your rights and your good name against catastrophic charges. Secure the services of an Omaha sexual assault lawyer from Omaha DUI immediately—Call (402) 543-3754 or reach our firm online for a free consultation.

Understanding Sexual Assault Laws in Nebraska

Nebraska law classifies sexual assault into three degrees, reflecting the severity of the act and the nature of the consent or lack thereof. The term “sexual penetration” is critical in First Degree charges, while “sexual contact” defines the lower degrees.

Sexual Assault Classifications in Nebraska:

• First Degree Sexual Assault (Neb. Rev. Stat. § 28-319) — Class II Felony; Minimum 1 year and Maximum 50 years in prison; involves sexual penetration without consent, or penetration when the victim is mentally or physically incapable of consent.
• Second Degree Sexual Assault (Neb. Rev. Stat. § 28-320) — Class IIA Felony; Maximum 20 years in prison; involves sexual contact without consent, and the actor causes serious personal injury to the victim.
• Third Degree Sexual Assault (Neb. Rev. Stat. § 28-320) — Class I Misdemeanor; Maximum 1 year in jail and/or a $1,000 fine; involves sexual contact without consent that does not cause serious personal injury.

Penalties and Lifetime Consequences for Sexual Assault Convictions in Omaha

A conviction for a sex crime like sexual assault carries penalties that rank among the most severe in the criminal code.

Direct Penalties

• Felony Sentences: Even a first-time conviction for First Degree Sexual Assault (Class II Felony) results in a minimum of one year and up to 50 years in state prison. Repeat offenders face a mandatory minimum of 25 years.
• Mandatory Minimums: Nebraska law includes mandatory minimum sentences for repeat sex offenders, drastically limiting a judge's sentencing discretion.

Collateral Consequences

• Mandatory Sex Offender Registration: Any conviction for a registrable sex offense (which includes all degrees of sexual assault) mandates registration with the Nebraska Sex Offender Registry for at least 15 years, 25 years, or for life, depending on the severity and classification. This registration is public.
• Employment and Housing: Registration severely restricts where you can live and work, often leading to loss of employment, inability to secure housing, and ineligibility for professional licenses.
• Social and Reputational Ruin: The public nature of the registry and the severity of the charge lead to social isolation, stigma, and irreversible damage to personal and professional relationships.
• Immigration Consequences: For non-citizens, a conviction is likely grounds for mandatory deportation.

The gravity of these consequences dictates that you require an Omaha sexual assault lawyer with a proven track record of fighting—and winning—these challenging cases.

Our Strategic Approach as Your Omaha Sexual Assault Lawyer

Our firm's defense philosophy is simple: aggressively challenge every element of the prosecution's case using evidence, law, and trial-tested tactics. We believe that a strong defense is always built on meticulous preparation and an adversarial stance.

We employ tailored defense strategies, including:

• Challenging Credibility in "He Said/She Said" Cases: We conduct exhaustive background investigations into the accuser and witnesses to expose motive for false reporting, prior inconsistent statements, and other factors that undermine their credibility before a jury.
• Forensic and Scientific Disruption: We question the chain of custody for DNA evidence, the reliability of testing equipment, and the conclusions of the State's medical personnel. Our goal is to render key scientific evidence inadmissible or unreliable in the eyes of the jury.
• Consent as a Defense: Where applicable, we build a robust defense demonstrating that the accused reasonably believed that consent was given, or that the State cannot prove the absence of consent beyond a reasonable doubt.
• Mistaken Identity/Alibi: We quickly work to establish verifiable alibis and introduce evidence of third-party culpability to divert suspicion away from our client.

The experience of a sexual assault attorney in Omaha with a proven track record is not a luxury—it is a necessity.