Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-308 (2026)

Assault in the first degree; penalty

✓ current as of July 2026
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(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) Assault in the first degree shall be a Class II felony.

Notes of Decisions
Cited in 127 cases (28 in the last 5 years), 1981–2026 · leading case: State v. Williams, 503 N.W.2d 561 (Neb. 1993).
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State v. Williams, 503 N.W.2d 561 (Neb. 1993). · cites it 12× “Williams, guilty of first degree assault, in violation of Neb. Rev. Stat. § 28-308 (1) (Reissue 1989).”
State v. Ballew, 291 Neb. 577 (Neb. 2015). · cites it 15× “The State charged Ballew with two counts of first degree assault in violation of Neb. Rev. Stat. § 28-308 (Cum. Supp. 2014), two counts of second degree assault in violation of Neb.”
State v. Trevino, 432 N.W.2d 503 (Neb. 1988). · cites it 10× “Neb.Rev.Stat. § 28-308 (Reissue 1985) provides as follows: "(1) A person commits the offense of assault in the first degree if he intentionally or knowingly causes serious bodily injury to another person.”
State v. Briggs, 303 Neb. 352 (Neb. 2019). · cites it 2× “" The evidence showed that Longo was last seen alive leaving with Briggs on September 17, 2015; that she was later found to have been killed as a result of a close-range shotgun wound to the head; that Briggs washed his clothes and traveled to a creek where he appeared to…”
State v. Hunt, 299 Neb. 573 (Neb. 2018). · cites it 2× “17 See Neb. Rev. Stat. § 28-308 (Reissue 2016) and § 28-105(1).”
State v. St. Cyr, 26 Neb. Ct. App. 61 (Neb. Ct. App. 2018). · cites it 4× “Cyr argues that his sentence is excessive and that his counsel was ineffective. For the following reasons, we affirm in part, but because we find the court did not meaningfully consider St.”
State v. Leibhart, 662 N.W.2d 618 (Neb. 2003). · cites it 5× “Leibhart next asserts that the evidence presented by the State in this case was insufficient to support her conviction for first degree assault, a Class III felony under Neb. Rev. Stat. § 28-308 (2) (Reissue 1995).”
State v. Costanzo, 419 N.W.2d 156 (Neb. 1988). · cites it 7× “Neb. Rev. Stat. § 28-308 (Reissue 1985) provides that a person who intentionally or knowingly causes serious bodily injury to another person is guilty of assault in the first degree.”
State v. Ryan, 543 N.W.2d 128 (Neb. 1996). · cites it 8× “Likewise, our assault statutes, Neb.Rev.Stat. §§ 28-308 to 28-310 (Reissue 1989), would require malice because a police officer who causes bodily injury to a criminal suspect that physically resists arrest could be charged with assault.”
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). · cites it 8× “Neb.Rev. Stat. § 28-308 (Reissue 1985) defines assault in the first degree, Neb.”
State v. Pribil, 395 N.W.2d 543 (Neb. 1986). · cites it 6× “See Neb.Rev. Stat. § 28-308 (Reissue 1985). The court could have granted that motion only if there was a total failure of competent proof to support "serious bodily injury" or if the testimony adduced was of so weak or doubtful a character that a conviction based thereon could…”
State v. Leonor, 638 N.W.2d 798 (Neb. 2002). · cites it 4× “For his actions on November 20, 1999, Leonor was charged in docket 149, page 835, with count I, assault in the first degree, a Class III felony in violation of Neb. Rev. Stat. § 28-308 (1) (Reissue 1995).”
Show all 127 citing cases →
— Neb. Rev. Stat. § 28-308(1) — 22 cases
State v. Williams, 503 N.W.2d 561 (Neb. 1993). “Williams, guilty of first degree assault, in violation of Neb. Rev. Stat. § 28-308 (1) (Reissue 1989).”
State v. Leibhart, 662 N.W.2d 618 (Neb. 2003). “Leibhart next asserts that the evidence presented by the State in this case was insufficient to support her conviction for first degree assault, a Class III felony under Neb. Rev. Stat. § 28-308 (2) (Reissue 1995).”
State v. Leonor, 638 N.W.2d 798 (Neb. 2002). “For his actions on November 20, 1999, Leonor was charged in docket 149, page 835, with count I, assault in the first degree, a Class III felony in violation of Neb. Rev. Stat. § 28-308 (1) (Reissue 1995).”
State v. Moore, 751 N.W.2d 631 (Neb. 2008).
State v. McDaniel, 771 N.W.2d 173 (Neb. Ct. App. 2009).
— Neb. Rev. Stat. § 28-308(2) — 5 cases
State v. Wilcox, 479 N.W.2d 134 (Neb. 1992).
State v. Pieper, 743 N.W.2d 360 (Neb. 2008).
Longs v. Johnson (Neb. Ct. App. 2019).
State v. Cooper (Neb. Ct. App. 2021).
State v. Marsh (Neb. Ct. App. 2024).
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