A driving under the influence (DUI) arrest typically leads to administrative (license-related) penalties under Nebraska’s implied consent law. Nebraska Felony. If you are facing sexual assault charges, you should contact a qualified criminal defense attorney as soon as possible. Maximum — six months imprisonment, or. Free Newsletters Theft-Related Crimes Stat. Do Not Sell My Personal Information, Nebraska Misdemeanor Crimes by Class and Sentences, Criminal Statute of Limitations in Nebraska. There are two levels of felony theft in the State. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The official statute that covers most of the law is Neb. In Nebraska, marijuana possession ranges from a lowly infraction to a high grade felony. A class 4 felony drug possession charge in Nebraska usually means that you have been charged with Possession of a Controlled Substance. Accessory to felony, defined; penalties. ; Felony: A crime carrying a penalty of more than a year in prison. 28-105. Class IIIA felony – up to 5 years in prison or a fine up to $10,000, or both; Class IV felony – up to 5 years in prison or a fine up to $10,000, or both. Penalties for Felony Assault in Nebraska. A third DUI with aggravating circumstances is a class IIIA felony in Nebraska. View Print Friendly: View Statute 28-205 Aiding consummation of felony; penalty. Conviction: A judgement of guilt against a criminal defendant. Felony DUI Defense in Nebraska. Assault in the first degree. Being a convicted felon can hurt you when you are looking for a job and applying to rent a house or apartment. Rev. Since that time felony classifications, as well as the potential sentences that can be imposed for each classification, have changed. What is a Felony Theft in Nebraska? featuring summaries of federal and state The legal limit in Nebraska is .08 and a .15 and above is considered an aggravated DUI, meaning the penalties are more severe. The sentences for each category of felony in Nebraska are listed below. Possession of more than 1 pound is a class IV felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. Domestic Assault in the First Degree. Nevada law organizes felonies into classes, from Class I to Class IV, but each class also has subcategories. (1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction: Maximum — fifty years imprisonment If you are arrested and charged with a criminal offense it is in your best interest to make sure you understand the charges against you and the potential penalties if you are convicted of those charges. This is the lowest grade felony drug charge under Nebraska law. Nebraska may have more current or accurate information. Felonies; classification of penalties; sentences; where served; eligibility for probation. The penalty for assault in the first degree in Nebraska, a Class II felony, is one to fifty years in prison. What are Misdemeanors? Domestic Assault in the Second Degree Criminal Statute of Limitations. CLASSIFICATION OF PENALTIES. Nebraska DUI Penalties. Class IV felony ... (CDS), though each differs in its exact definition of CDS and the penalties for sale. Sentences of less than one year shall be served in the county jail except as provided in this subsection. fine, or both. 90 days - 1 year & up to $1000 fine Class W. misdemeanor. View Statute 28-204 Accessory to felony, defined; penalties. When the value is over $5,000, theft is a Class IIA Felony. Minimum — one year imprisonment Stat. Minimum — none. Adult Felony Process (District Court) For additional information on less serious offenses, see Misdemeanor Cases in Nebraska. Felonies; classification of penalties; sentences; where served; eligibility for probation. >. § 25-21,194. Some felonies have specific sentencing requirements in addition to the basic sentence, and sentences can be increased for the second or subsequent offense of some crimes. Class I felonies are the most serious felonies in Nevada and Class IV felonies are the least serious. Cultivation of marijuana is also treated as a possession crime, with the same weight limits and penalties. If the value of the thing stolen is $1,500 or more, theft offenses are classified as felonies in Nebraska. In some states, the information on this website may be considered a lawyer referral service. That stigma only seems to increase if you have been arrested or convicted of more than one DUI offense. For more information on the criminal statute of limitations, see Criminal Statute of Limitations in Nebraska. ; Year: shall mean calendar year.See Nebraska Statutes 49-801 View Print Friendly: View Statute 28-206 Prosecuting for aiding and abetting. In the state of Nebraska, there are… Visit this page Nebraska Criminal Laws State criminal, or penal codes contain those offenses that are punishable under the law, including penalties upon conviction, exceptions to the law, and other important elements. § § 28-308, 28-105.) Nebraska state law allows law enforcement officers to make arrests without warrants in cases where the officer was a witness to the crime or the arrestee is suspected to have committed a felony. 1. Sale. The penalty for a misdemeanor can include jail time and fines of at least $200, and the punishments are determined by the nature of the crime in question. Ann. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. Getting arrested for drunk driving can and does happen to a myriad of very responsible people in Nebraska. (1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into nine classes which are distinguished from one another by the following penalties which are authorized upon conviction: Classes Imprisonment Fine Or Both. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In addition to criminal penalties, any person who commits shoplifting in Nebraska may be civilly liableto the store owner for any actual property damage or loss sustained as a direct result of the incident. ; Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Penalties for Sexual Assault. Last updated: September 2, 2020. (1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into nine classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I felony The penalties for driving under the influence in Nebraska are determined by whether or not you have any prior offenses and high your blood alcohol test results were. one thousand dollars fine, or both. When the value is between $1,500 and $5,000, theft is a Class IV Felony. Also, the penalty increases if your blood alcohol content is over .15. Check out this post if you are charged with a class 4 felony possession of drugs in Nebraska. ; Statute: A law passed by a legislature. That, however, does not take away the stigma associated with it. Convicted felons lose the right to vote, to carry firearms, and to obtain certain professional licenses. ten thousand dollars fine, or both Minimum — one year imprisonment The penalty for a Class III felony is one to twenty years in prison or a fine up to $25,000 or both, and; The penalty for a Class II felony is one to fifty years in prison. (2) All sentences of imprisonment for Class IA, IB, IC, ID, II, and III felonies and sentences of one year or more for Class IIIA and IV felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. The penalty for second, third, fourth and fifth offenses go up each time. If you are convicted later of another felony, the court can consider your prior conviction and impose a harsher sentence in the new case. Death Consequences of Misdemeanors in Nebraska Misdemeanors are less serious than felony crimes, but convictions of any degree carry unpleasant penalties. (1) A person is guilty of being an accessory to felony if with intent to interfere with, hinder, delay, or prevent the discovery, apprehension, prosecution, conviction, or punishment of another for an offense, he or she: If the department certifies that it has programs and facilities available for persons sentenced to terms of less than one year, the court may order that any sentence of six months or more be served in any institution under the jurisdiction of the department. Felonies; classification of penalties; sentences; where served; eligibility for probation. Sale of any amount of marijuana is a felony in Nebraska, carrying between one year in jail and as many as 20 years in prison, plus a possible $25,000 fine. View Print Friendly: View Statute 28-301 Compounding a felony, defined; penalty. The length of time varies for different crimes and some crimes, such as murder, have no time limit. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. imprisonment, or one thousand dollars. Maximum — twenty years imprisonment, or ten thousand dollars fine, or both Nebraska law requires that a criminal prosecution begin within a certain amount of time after a crime is committed or believed to have been committed. Nebraska Felony Crimes by Class and Sentences. If the victim is a child, sexual assault is always considered a felony, regardless of the injuries to the victim. Class IC felony Life imprisonment without parole A List of Different Levels of Felonies in Nebraska. Nebraska classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them. 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