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

Neb. Rev. Stat. § 28-309 (2026)

Assault in the second degree; penalty

✓ current as of July 2026
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(1) A person commits the offense of 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) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act.

(2) Assault in the second degree shall be a Class IIA felony.

Notes of Decisions
Cited in 98 cases (27 in the last 5 years), 1981–2026 · leading case: State v. Ballew, 291 Neb. 577 (Neb. 2015).
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State v. Ballew, 291 Neb. 577 (Neb. 2015). · cites it 17× “2014), two counts of second degree assault in violation of Neb. Rev. Stat. § 28-309 (Cum. Supp. 2014), and two counts of use of a deadly weapon to commit a felony in violation of Neb.”
State v. Hoffman, 416 N.W.2d 231 (Neb. 1987). · cites it 13× “Hoffman was convicted of, and sentenced for, three crimes, namely, assault in the second *133 degree, Neb. Rev. Stat. § 28-309 (l)(b) (Reissue 1985), a Class IV felony; motor vehicle homicide, Neb.”
State v. Briggs, 317 Neb. 296 (Neb. 2024). · cites it 12× “The phrase “[u]nlawfully strikes or wounds another” in Neb. Rev. Stat. § 28-309 (1)(c) (Reissue 2016) is referring to common-law battery.”
State v. Cross, 297 Neb. 154 (Neb. 2017). · cites it 2× “Cross’ convictions and sentences were summarily affirmed by the Nebraska Court of Appeals.”
State v. Johnson, 988 N.W.2d 159 (Neb. 2023). · cites it 3× “She was originally charged on July 15, 2020, with one count, assault in the second degree, in violation of Neb. Rev. Stat. § 28-309 (1)(a) and (b) (Reissue 2016), a Class IIA felony.”
State v. Williams, 503 N.W.2d 561 (Neb. 1993). · cites it 4× “” The applicable passage of Neb. Rev. Stat. § 28-309 (1) (Reissue 1989) proclaims: “A person commits the offense of assault in the second degree if he or she: (a) Intentionally or knowingly causes bodily injury to *962 another person with a dangerous instrument; (b) Recklessly…”
State v. Pruett, 638 N.W.2d 809 (Neb. 2002). · cites it 3× “” Pruett was convicted of unintentionally causing the death of Wakan while in the commission of a second degree assault under Neb. Rev. Stat. § 28-309 (Cum. Supp. 2000).”
State v. Woolridge-Jones, 316 Neb. 500 (Neb. 2024). · cites it 2× “Consistent with the jury instructions here, one of the ways a person can commit second degree assault is by “[i]ntentionally or knowingly caus[ing] bodily injury to another person with a dangerous instrument.”
State v. Hatwan, 303 N.W.2d 779 (Neb. 1981). · cites it 9× “Assault in the second degree is defined by Neb. Rev. Stat. § 28-309 (Reissue 1979) as follows: “(1) A person commits the offense of assault in the second degree if he: “(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument; or “(b)…”
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). · cites it 4× “§ 28-308 (Reissue 1985) defines assault in the first degree, Neb.Rev.Stat. § 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Al-Zubaidy, 641 N.W.2d 362 (Neb. 2002). · cites it 2× “§ 28-310 (Reissue 1995) defines the offense of third degree assault and reads in pertinent part: “(1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily injury to another personf.”
State v. Esai P., 28 Neb. Ct. App. 226 (Neb. Ct. App. 2020). · cites it 2× “§ 28-324 (1) (Reissue 2016), a Class II felony, and (2) second degree assault pursuant to Neb. Rev. Stat. § 28-309 (1)(a) (Reissue 2016), a Class IIA felony.”
Show all 98 citing cases →
— Neb. Rev. Stat. § 28-309(1) — 9 cases
State v. Williams, 503 N.W.2d 561 (Neb. 1993). “” The applicable passage of Neb. Rev. Stat. § 28-309 (1) (Reissue 1989) proclaims: “A person commits the offense of assault in the second degree if he or she: (a) Intentionally or knowingly causes bodily injury to *962 another person with a dangerous instrument; (b) Recklessly…”
State v. Ballew, 291 Neb. 577 (Neb. 2015). “2014), two counts of second degree assault in violation of Neb. Rev. Stat. § 28-309 (Cum. Supp. 2014), and two counts of use of a deadly weapon to commit a felony in violation of Neb.”
State v. Milenkovich, 458 N.W.2d 747 (Neb. 1990).
State v. Briggs, 317 Neb. 296 (Neb. 2024). “The phrase “[u]nlawfully strikes or wounds another” in Neb. Rev. Stat. § 28-309 (1)(c) (Reissue 2016) is referring to common-law battery.”
State v. Britt, 493 N.W.2d 631 (Neb. Ct. App. 1992).
— Neb. Rev. Stat. § 28-309(1)(a) — 8 cases
State v. Ballew, 291 Neb. 577 (Neb. 2015). “2014), two counts of second degree assault in violation of Neb. Rev. Stat. § 28-309 (Cum. Supp. 2014), and two counts of use of a deadly weapon to commit a felony in violation of Neb.”
State v. Johnson, 988 N.W.2d 159 (Neb. 2023). “She was originally charged on July 15, 2020, with one count, assault in the second degree, in violation of Neb. Rev. Stat. § 28-309 (1)(a) and (b) (Reissue 2016), a Class IIA felony.”
State v. Rowe, 315 N.W.2d 250 (Neb. 1982).
State v. Sutton, 16 Neb. Ct. App. 185 (Neb. Ct. App. 2007).
State v. Alford (Neb. Ct. App. 2016).
— Neb. Rev. Stat. § 28-309(1)(b) — 1 case
State v. Kistenmacher, 436 N.W.2d 168 (Neb. 1989).
— Neb. Rev. Stat. § 28-309(1)(c) — 3 cases
State v. Briggs, 317 Neb. 296 (Neb. 2024). “The phrase “[u]nlawfully strikes or wounds another” in Neb. Rev. Stat. § 28-309 (1)(c) (Reissue 2016) is referring to common-law battery.”
State v. Falcon (Neb. Ct. App. 2024).
State v. Falcon (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 28-309(1)(c)(i) — 2 cases
State v. Briggs, 317 Neb. 296 (Neb. 2024). “The phrase “[u]nlawfully strikes or wounds another” in Neb. Rev. Stat. § 28-309 (1)(c) (Reissue 2016) is referring to common-law battery.”
State v. Falcon (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 28-309(2) — 2 cases
State v. Thurman, 730 N.W.2d 805 (Neb. 2007).
State v. Sanchez (Neb. Ct. App. 2021).
— Neb. Rev. Stat. § 28-309(l)(a) — 4 cases
State v. Hoffman, 416 N.W.2d 231 (Neb. 1987). “Hoffman was convicted of, and sentenced for, three crimes, namely, assault in the second *133 degree, Neb. Rev. Stat. § 28-309 (l)(b) (Reissue 1985), a Class IV felony; motor vehicle homicide, Neb.”
State v. Sianouthai, 402 N.W.2d 316 (Neb. 1987).
State v. Ayres, 464 N.W.2d 316 (Neb. 1991).
State v. Hatwan, 303 N.W.2d 779 (Neb. 1981). “Assault in the second degree is defined by Neb. Rev. Stat. § 28-309 (Reissue 1979) as follows: “(1) A person commits the offense of assault in the second degree if he: “(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument; or “(b)…”
— Neb. Rev. Stat. § 28-309(l)(b) — 3 cases
State v. Hoffman, 416 N.W.2d 231 (Neb. 1987). “Hoffman was convicted of, and sentenced for, three crimes, namely, assault in the second *133 degree, Neb. Rev. Stat. § 28-309 (l)(b) (Reissue 1985), a Class IV felony; motor vehicle homicide, Neb.”
State v. Parks, 565 N.W.2d 734 (Neb. Ct. App. 1997).
State v. Kistenmacher, 436 N.W.2d 168 (Neb. 1989).
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