Criminal Defense

Misdemeanors

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A misdemeanor is a criminal offense that is less serious than a felony. Misdemeanors are typically punishable by less than one year in jail, although some states such as Iowa allow for longer jail sentences for certain misdemeanors. In Nebraska, state criminal cases, offenses are grouped into different classifications. Each classification has a minimum and maximum punishment for that specified offense.

Nebraska Misdemeanor Classification of Penalties

In Nebraska, the misdemeanor offense classifications are as follows:

  • Class I Misdemeanor
    • Maximum — not more than 1 year imprisonment or $1,000 fine or both
    • Minimum — none
  • Class II Misdemeanor
    • Maximum — 6 months imprisonment or $1,000 fine or both
    • Minimum — none
  • Class III Misdemeanor
    • Maximum — 3 months imprisonment or $500 fine or both
    • Minimum — none
  • Class IIIA Misdemeanor
    • Maximum — 7 days imprisonment or $500 fine or both
    • Minimum — none
  • Class IV Misdemeanor
    • Maximum — no imprisonment and $500 fine
    • Minimum — $100 fine
  • Class V Misdemeanor
    • Maximum — no imprisonment and $100 fine
    • Minimum — none
  • Class W Misdemeanor
    • Driving under the influence or implied consent
      • First conviction
        • Maximum — 60 days imprisonment and $500 fine
        • Mandatory minimum — 7 days imprisonment and $500 fine
      • Second conviction
        • Maximum — 6 months imprisonment and $500 fine
        • Mandatory minimum — 30 days imprisonment and $500 fine
      • Third conviction
        • Maximum — 1 year imprisonment and $1,000 fine
        • Mandatory minimum — 90 days imprisonment and $1,000 fine