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Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 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:

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

(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that such sentences may be served in institutions under the jurisdiction of the Department of Correctional Services if the sentence is to be served concurrently or consecutively with a term for conviction of a felony and the combined sentences total a term of one year or more.  A determinate sentence shall be imposed for a misdemeanor if the sentence is to be served concurrently or consecutively with a determinate sentence for a Class III, IIIA, or IV felony.

Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 28-106. Misdemeanors;  classification of penalties;  sentences;  where served - last updated January 01, 2019 | https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-106.html


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