Felony Charge Attorneys

Felony offenses are those which carry a potential penalty of more than one year incarceration.

Nebraska Felony Classifications

In Nebraska, the current felony classifications as enumerated in Neb. Rev. Stat. Section 28-105 are as follows:

• Class I felony
  • Death
• Class IA felony
  • Life imprisonment
• Class IB felony
  • Maximum — life imprisonment
  • Minimum — 20 years imprisonment
• Class IC felony
  • Maximum — 50 years imprisonment
  • Mandatory minimum — 5 years imprisonment
• Class ID felony
  • Maximum — 50 years imprisonment
  • Mandatory minimum — 3 years imprisonment
• Class II felony
  • Maximum — 50 years imprisonment
  • Minimum — 1 year imprisonment
• Class IIA felony
  • Maximum — 20 years imprisonment
  • Minimum — none
• Class III felony
  • Maximum — 4 years imprisonment and two years post-release supervision or $25,0000 fine, or both
  • Minimum — none for imprisonment and nine months post-release supervision if imprisonment is imposed
• Class IIIA felony
  • Maximum — 3 years imprisonment and 18 months post-release supervision or $10,000 fine, or both
  • Minimum — none for imprisonment and nine months post-release supervision if imprisonment is imposed
• Class IV felony
  • Maximum — 2 years imprisonment and 12 months post-release supervision or $10,000 fine, or both
  • Minimum — none for imprisonment and nine months post-release supervision if imprisonment is imposed

If you are currently facing prosecution in Nebraska for a felony, make sure to discuss the felony classification and potential penalties in detail with your local criminal defense attorney to make certain that you fully understand the ramifications of a guilty plea or guilty verdict at trial.

Where Prosecution Happens

One of the biggest differences between the Nebraska criminal process for felonies when compared to the process for misdemeanors is which court you are prosecuted in. In Douglas County, Nebraska, all cases typically begin in county court. Felonies, however, are transferred to district court for further prosecution and, if necessary, trial; whereas a misdemeanor offense, such as a first or second offense Driving Under the Influence (DUI), will stay in county court for all phases of the case.