What are the penalties for a felony in Nebraska?

Felony penalties in Nebraska range from 0–2 years for the lowest class to life imprisonment for the most serious. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year) [§ 28-106]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Nebraska Criminal Defense Guide — Charges & Process

Q: Does Nebraska have a speedy trial requirement?

Nebraska does not have a fixed-day speedy trial clock [§ 29-1207; 29-1208]. 6 months (six calendar months, not 180 days) from the date the indictment is returned or the information filed (from arrest for certain intimate-partner misdemeanors). Excludes delays attributable to defendant, interlocutory appeals, and other specified exclusions. Absolute discharge if violated.

Q: Can I get my criminal record expunged in Nebraska?

Yes, for eligible offenses [§ 29-3523]. Waiting periods: Varies; set-aside available for certain convictions after completion of sentence and 3-year waiting period. Nebraska uses 'set-aside' rather than expungement for convictions. Pardons available through Board of Pardons (Governor, Secretary of State, Attorney General).

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Nebraska.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Nebraska Criminal Process — Step by Step Your Rights in an Nebraska Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Nebraska classifies criminal offenses

Nebraska divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class IA felony: varies to life - Class IB felony: 20 years to life - Class IC felony: 5–50 years - Class ID felony: 3–50 years - Class II felony: 1–50 years - Class IIA felony: 0–20 years - Class III felony: 0–4 years, up to $25,000 fine - Class IIIA felony: 0–3 years, up to $10,000 fine - Class IV felony: 0–2 years, up to $10,000 fine

Misdemeanor classifications §28-106

Class I misdemeanor: up to 12 months, $1,000 fine - Class II misdemeanor: up to 6 months, $1,000 fine - Class III misdemeanor: up to 3 months, $500 fine - Class IIIA misdemeanor: up to 0 months, $500 fine - Class IV misdemeanor: up to 0 months, $500 fine - Class V misdemeanor: up to 0 months, $100 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §28-106	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §29-3523	Fewer offenses eligible §29-3523

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §29-404.02. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

The Nebraska Constitution (Art. I, § 9) guarantees bail for most offenses, with narrow exceptions for certain serious crimes when the proof is evident or the presumption great; confirm the current exception list with a lawyer. Bailable defendants are released on personal recognizance unless the judge finds it inadequate. In that case the judge must consider the defendant's financial ability to pay a bond and impose the least onerous adequate conditions of release. §29-901 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Nebraska has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed. Nebraska Commission on Public Advocacy provides appellate defense. County-based system for trial-level indigent defense.
Right to a speedy trial — Nebraska does not set a fixed number of days for speedy trial §29-1207; §29-1208. 6 months (six calendar months, not 180 days) from the date the indictment is returned or the information filed (from arrest for certain intimate-partner misdemeanors). Excludes delays attributable to defendant, interlocutory appeals, and other specified exclusions. Absolute discharge if violated.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Nebraska: Misdemeanor: 2 years; Felony: 5 years (reduced from previous longer terms under LB 605).

⚠Nebraska has a habitual offender law §29-2221. Habitual criminal: 2+ prior felonies. Minimum 10 years to maximum 60 years for current felony. Mandatory minimum applies.

Clearing your record

Nebraska does allow certain criminal records to be sealed or expunged §29-3523. Waiting periods: Varies; set-aside available for certain convictions after completion of sentence and 3-year waiting period. Nebraska uses 'set-aside' rather than expungement for convictions. Pardons available through Board of Pardons (Governor, Secretary of State, Attorney General).

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §28-416. Marijuana possession: Infraction (1 oz or less, first offense: $300 fine); misdemeanor (1 oz or less, subsequent); felony (over 1 oz).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault. Domestic violence offenses carry additional consequences including protective orders §28-323.

Theft and property crimes

Classification depends on the value of property taken §28-518. Felony threshold: $1,500 (Class IV felony for $1,500–$4,999, §28-518).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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