What are the Penalties for Felonies in Nebraska? Understanding Nebraska Statute § 28-105:
If you or a loved one is facing felony charges in Nebraska, it’s crucial to understand how penalties are determined under Nebraska Statute § 28-105. This statute lays out the framework for classifying felonies and their corresponding penalties, which directly impact sentencing outcomes.
Felony Classifications and Penalties in Nebraska
In Nebraska, felonies are divided into Class I through Class IV categories, each with specific sentencing guidelines. Here’s a breakdown:
- Class I Felony: The most serious offense, carrying the death penalty.
- Class IA Felony: Life imprisonment without the possibility of parole.
- Class IB Felony: A prison term ranging from 20 years to life.
- Class IC Felony: A mandatory minimum sentence of 5 years, with a maximum of 50 years in prison.
- Class ID Felony: A mandatory minimum sentence of 3 years, with a maximum of 50 years in prison.
- Class II Felony: A range of 1 to 50 years in prison.
- Class IIA Felony: A maximum of 20 years in prison with no minimum term.
- Class III Felony: A maximum of 4 years in prison and a fine of up to $25,000, with no mandatory minimum.
- Class IIIA Felony: A maximum of 3 years in prison, 18 months of post-release supervision, and a fine of up to $10,000, with no mandatory minimum.
- Class IV Felony: The least severe felony, punishable by up to 2 years in prison, 12 months of post-release supervision, and a fine of up to $10,000, with no mandatory minimum.
Mandatory Minimum Sentences
Nebraska Statute § 28-105 includes specific provisions for mandatory minimum sentences, particularly for certain Class IC and Class ID felonies. These offenses often involve serious crimes, such as those related to firearms, drugs, or violence. A mandatory minimum sentence means the judge has no discretion to reduce the prison term below the set minimum.
Discretion in Sentencing
For felony classes without mandatory minimums, judges have more flexibility. This discretion can be crucial in achieving a fair outcome, especially when mitigating circumstances are present. Experienced criminal defense attorneys in Nebraska can advocate for reduced sentences or alternative penalties, such as probation or treatment programs, depending on the circumstances of the case.
The Importance of Legal Representation
Facing a felony charge in Nebraska is a life-altering event. Understanding the potential penalties under Nebraska Statute § 28-105 is only the first step. Having a skilled Nebraska criminal defense attorney by your side ensures you have someone who understands the nuances of the law, can negotiate with prosecutors, and will fight for the best possible outcome.
Final Thoughts
Nebraska Statute § 28-105 is central to the state’s sentencing framework for felonies. The penalties for a conviction depend on the classification of the offense, with higher classes carrying harsher punishments. If you’re navigating the complexities of a felony case in Nebraska, don’t do it alone. Contact an experienced us today to protect your rights and secure your future. Call 402-217-2267 Now!
