Nebraska Criminal Defense

Charged with a Crime in Nebraska?

Criminal Defense Lawyers Explain Charges and Penalties

A criminal conviction can drastically affect the rest of your life. You may face the possibility of jail time, fines and other penalties, and your reputation may be damaged. Additionally, a conviction may prevent you from finding work and/or housing in the future. Since so much hangs in the balance, you should always work a criminal defense lawyer with a history of success. Even innocence is not always an ironclad defense – law enforcement and prosecutors may not care about your side of the story, but will simply focus on getting a conviction. An attorney can work to enforce your rights and expose any misconduct or negligence that may have led to your arrest. In many cases, a good lawyer can get your charges or penalties reduced, minimizing the negative impact on your life.

If you have been arrested or someone you know was taken into police custody, then you should find a lawyer as quickly as possible. No matter what kinds of charges you face, from a misdemeanor to a felony, finding an attorney you trust is essential. To speak with a local Nebraska criminal lawyer today, consult our local listings.

What Are the Basic Types of Criminal Charges?

The type of criminal charge you face may vary depending on the nature of the alleged crime. Although each state has its own specific classifications, the general types of charges are:

• Infraction. An infraction is the least serious type of charge you can face. In fact, some states handle infractions as civil cases, rather than criminal cases. Traffic violations and other minor offenses usually fall into this category. Jail is generally not a possibility for infractions, so you are not entitled to a jury trial and the state will usually not appoint you a lawyer. However, you can still hire one of your own.
• Petty offense. Some states categorize low-level criminal conduct as petty offenses. This may include illegal acts like gambling, disturbing the peace, public indecency, pollution violations and theft of items of low value.
• Misdemeanor. A misdemeanor is a more serious charge and county courts typically handle these cases. Common misdemeanor charges include assault, criminal trespass, theft and certain drug crimes, including possession and sale.
• Felony. This is the most serious type of criminal charge and state and/or federal courts usually handle these cases. Common felonies include murder, kidnapping, sexual assault, robbery, vehicular homicide, assault with a deadly weapon, burglary and certain drug crimes.

In some cases, a criminal defense lawyer can negotiate on your behalf with the prosecution to reduce the severity of the charges you face. If the court reduces your charge from a low-level felony to a misdemeanor, for example, then the repercussions you face may be much less serious.

What Is the Penalty for a Misdemeanor in Nebraska?

Each state has its own system for classifying misdemeanor and felony charges, and penalties may vary as well. The general penalties you may face for different types of criminal charges in Nebraska are:

• Class I Misdemeanors. Some examples of Class I misdemeanors in Nebraska are identity theft (if the value gained is less than $200), impersonating a peace officer, and assault in the third degree. These offenses may result in up to one year in jail or a fine up to $1,000, or both.
• Class II Misdemeanors. Hazing, second degree criminal trespass, and passing a bad check in an amount less than $200 are Class II misdemeanors in Nebraska. These offenses may result in up to six months in jail or a fine up to $1,000, or both.
• Class III Misdemeanors. Class III misdemeanors include theft of property valued at $200 or less, littering, a first reckless driving offense, and possession of marijuana (more than one ounce but less than one pound). These offenses may result in up to three months in jail or a fine up to $500, or both.
• Class IIIA Misdemeanors. A repeat offense of owning a dangerous dog and a third offense of possession of one ounce or less of marijuana are Class IIIA misdemeanors. These offenses may result in up to seven days in jail or a fine up to $500, or both.
• Class IV Misdemeanors. This class includes some agricultural crimes, some gambling offenses, harassment of a police animal, and purchase of a lottery ticket by a person under the age of 19. These are not jailable offenses, and may result in a minimum fine of $100 or up to $500.
• Class V Misdemeanors. Smoking or using tobacco products under the age of eighteen, and obstructing entrance or exit from a polling place are Class V misdemeanors. Like IV misdemeanors,these are not jailable offenses, and may only result in a fine up to $100.
• Class W Misdemeanor. Driving under the influence (first, second or third offense) is a Class W misdemeanor. This penalty varies depending on whether the offender has been convicted of DUI before, but the maximum possible sentence ranges from 60 days to one year in jail and a $500 to $1,000 fine.

What Is the Penalty for a Felony in Nebraska?

Like misdemeanors, each state has its own system for what qualifies as a felony and what penalties may result from a conviction. In Nebraska, possible felony charges and penalties include:

• Class I felony. Includes first degree murder in some cases, and may result in life imprisonment or the death penalty.
• Class IA felonies. Includes murder, arson, and kidnapping, and may result in life imprisonment.
• Class IB felonies. Includes manslaughter, aggravated assault, burglary, and sexual assault of a child in the first degree, and may result in 20 years to life in prison.  
• Class IC felonies. Includes robbery, use of a deadly weapon to commit a felony, and possession of certain amounts of illegal substances, and may result in 5 to 50 years in prison with a 5 years mandatory minimum.
• Class ID felonies. Includes possession of certain illegal substances (10 - 28 grams), assault on a police officer or health care professional, and manufacture or distribution of child pornograph, and may result in 3 to 50 years in prison with a 3 years mandatory minimum.
• Class II felonies. Includes robbery, human trafficking, assault in the first degree, and sexual assault in the first degree, and may result in 1 to 50 years in prison.
• Class III felonies. Includes forgery in the first degree, assault in the second degree, strangulation with a dangerous instrument, sexual assault in the second degree, and manufacture or distribution of certain drugs, and may result in 1 to 20 years in prison or fine up to $25,000, or both.
• Class IIIA felonies. Includes the manufacture or distribution of certain drugs and criminal enticement of a child, and may result in up to 5 years in prison or a fine up to $10,000, or both.
• Class IV felonies. Includes assisted suicide and forgery in the second degree, and may result in up to 5 years in prison or a fine up to $10,000, or both.

Need a Nebraska Criminal Defense Lawyer? We Can Help

If you are facing any level of criminal charge, then a qualified lawyer may be essential to protecting your future. Additionally, if someone you know is currently in police custody, then you may wish to reach out to a lawyer on his or her behalf. To find a Nebraska criminal defense lawyer in your area, then consult our attorney listings. If you have general question about criminal law or certain charges, then do not hesitate to ask the lawyers™.