Nebraska Statutes 28-106. Misdemeanors; classification of penalties; sentences; where served
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(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction:
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class I misdemeanor | up to 1 year | up to $1,000 |
Class II misdemeanor | up to 6 months | up to $1,000 |
Class III misdemeanor | up to 3 months | up to $500 |
Class IIIA misdemeanor | up to 7 days | up to $500 |
Class IV misdemeanor | up to $500 | |
Class V misdemeanor | up to $100 | |
Class W misdemeanor | up to 60 days | up to $500 |
Terms Used In Nebraska Statutes 28-106
- Conviction: A judgement of guilt against a criminal defendant.
- Statute: A law passed by a legislature.
- Year: shall mean calendar year. See Nebraska Statutes 49-801
Class I misdemeanor…….. | Maximum — not more than one year |
imprisonment, or one thousand dollars | |
fine, or both | |
Minimum — none | |
Class II misdemeanor……. | Maximum — six months imprisonment, or |
one thousand dollars fine, or both | |
Minimum — none | |
Class III misdemeanor…… | Maximum — three months imprisonment, |
or five hundred dollars fine, or both | |
Minimum — none | |
Class IIIA misdemeanor….. | Maximum — seven days imprisonment, five |
hundred dollars fine, or both | |
Minimum — none | |
Class IV misdemeanor……. | Maximum — no imprisonment, five |
hundred dollars fine | |
Minimum — none | |
Class V misdemeanor…….. | Maximum — no imprisonment, one |
hundred dollars fine | |
Minimum — none | |
Class W misdemeanor……. | Driving under the influence or implied |
consent | |
First conviction | |
Maximum — sixty days imprisonment and | |
five hundred dollars fine | |
Mandatory minimum — seven days | |
imprisonment and five hundred dollars | |
fine | |
Second conviction | |
Maximum — six months imprisonment and | |
five hundred dollars fine | |
Mandatory minimum — thirty days | |
imprisonment and five hundred dollars | |
fine | |
Third conviction | |
Maximum — one year imprisonment and | |
one thousand dollars fine | |
Mandatory minimum — ninety days | |
imprisonment | |
and one thousand dollars fine |