Misdemeanors; classification of penalties; sentences; where served.

1. Law
2. Nebraska Revised Statutes
3. Crimes and Punishments
4. Misdemeanors; classification of penalties; sentences; where served.

28-106. Misdemeanors; classification of penalties; sentences; where served.

(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.

Source

• Laws 1977, LB 38, § 6;
• Laws 1982, LB 568, § 1;
• Laws 1986, LB 153, § 1;
• Laws 1992, LB 291, § 1;
• Laws 1998, LB 309, § 1;
• Laws 2002, LB 82, § 3;
• Laws 2005, LB 594, § 1;
• Laws 2011, LB675, § 1;
• Laws 2015, LB605, § 7;
• Laws 2016, LB1094, § 3.

Annotations

• A determinate sentence, as used in subsection (2) of this section, is imposed when the defendant is sentenced to a single term of years. State v. Vanness, 300 Neb. 159, 912 N.W.2d 736 (2018).

• The proper determination of punishment for fourth offense driving under the influence of an alcoholic liquor or drug is governed by subsection (1) of this section and not by section 28-107(3). State v. Schultz, 252 Neb. 746, 566 N.W.2d 739 (1997).

• For a Class III misdemeanor, a sentence of five days in jail with a fine of three hundred dollars is within the statutory maximum and will not be disturbed on appeal absent an abuse of discretion. State v. Rosenberry, 209 Neb. 383, 307 N.W.2d 823 (1981).

• A defendant's sentences on various misdemeanors needed to be indeterminate sentences pursuant to subsection (5) of section 29-2204.02, because the defendant was also sentenced on Class II felonies. State v. Wells, 28 Neb. App. 118, 940 N.W.2d 847 (2020).

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