Grading of Criminal Offenses

Please see the following statutes for a list of the typical maximum and minimum penalties for each grade of offense in Nebraska State Court.

Please keep in mind that these are only the general rules. Certain offenses will have different penalties than those listed here. Other offenses like theft and DUIs can be enhanced to higher graded offenses for repeated violations. Federal offenses and municipal code violations also use different statutes and penalties.

The listed penalties are intended to guide the judge during sentencing. Judges in state court have a great deal of discretion on determining what sentence to impose. For many offenses, probation and house arrest can also be ordered in addition to or in place of the listed penalties.

It is also important to know that if you are found guilty of multiple charges, the court will usually require you to serve your sentences consecutively, one after the other. If you were sentenced to jail for 10 months on one charge and 5 months on a second charge, your total sentence would be 15 months. In limited situations, the court may allow certain offenses to run concurrently, so that the 10 month sentence and the 5 month sentence will run at the same time and your total sentence would only be 10 months.

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