Nebraska Felony: Laws, Penalties, Sentencing, and Records

In Nebraska, a felonyis a serious criminal offense punishable by more than one year in state prison. A felony starts with an arrest, and the defendant may need to post a bond to guarantee their appearance at a future court date. If the defendant is found guilty, the judge will decide on a sentence based on the rules outlined in the Nebraska Revised Statutes, Chapter 28. The sentence could involve jail or prison time, a fine, compensation to the victim, or a period of supervision by a probation officer. In Nebraska, felonies are categorized into 10 classes (Class I, IA, IB, IC, ID, II, IIA, III, IIIA, and IV).

What Is Considered a Felony in Nebraska?

Felonies in Nebraska are defined under the Nebraska Revised Statutes (R.R.S., Chapter 28 – Crimes and Punishments). Common Nebraska felonies include:

• Violent Crimes: Murder, manslaughter, aggravated assault, robbery, kidnapping, and rape.
• Drug Crimes: Manufacturing, distribution, and trafficking of controlled substances.
• Property Crimes: Arson, burglary, auto theft, larceny of property valued at $1,500 or more.
• White-Collar Crimes: Fraud, embezzlement, forgery, and identity theft.
• Weapons Offenses: Felony in possession of a firearm, armed criminal action, and unlawful firearm trafficking.

Misdemeanors can turn into felonies based on the situation. For instance:

• Theft is considered a felony when the value of the property is over $1,500.
• Assault is classified as felony assault if a weapon is involved or if there is a serious injury.

What Is a Felony in Nebraska?

In Nebraska, a felony is defined as any crime that can lead to a punishment of over one year in a state facility. Consequences of being convicted of a felony in Nebraska include:

• Prison terms ranging from 1 year to life or death for the most severe crimes.
• Fines up to $25,000 or higher, depending on the felony class.
• Loss of rights, including the right to vote while incarcerated.
• Permanent criminal record, which can affect employment and housing opportunities.

Felony Classes and Penalties in Nebraska

Nebraska has one of the most detailed felony class systems in the U.S., which goes from Class I (the most serious) to Class IV (the least serious).

Nebraska Felony Classes

• Class I Felony
  • Class 1 felony is reserved for first-degree murder alone.
  • Penalty: The penalty for this class of felony is death.
• Class IA Felony
  • Class IA is reserved for first-degree murder when the death penalty is not imposed.
  • Penalty: The penalty for this class of felony is life imprisonment.
• Class IB Felony
  • Class IB includes second-degree murder, kidnapping, and first-degree sexual assault.
  • Penalty: The penalty for this class of felony is between 20 years and life.
• Class IC Felony
  • This includes all felonies involving the use of firearms.
  • Penalty: This felony carries a potential sentence of 5 to 50 years.
• Class ID Felony
  • Class ID felonies include certain drug trafficking and firearm-related crimes.
  • Penalty: This felony carries a potential sentence of 3 to 50 years.
• Class II Felony
  • Class II felonies include robbery, burglary, and manslaughter.
  • Penalty: This felony carries a potential sentence of 1 to 50 years.
• Class IIA Felony
  • Class IIA felonies include certain assaults and drug crimes.
  • Penalty: This felony carries a potential sentence of up to 20 years.
• Class III Felony
  • Class III felonies include mid-level thefts, forgery, and fraud.
  • Penalty: This felony carries a potential sentence of 1 to 4 years.
  • Fine: Offenders may also pay a fine of up to $25,000.
• Class IIIA Felony
  • Class IIIA covers less serious assaults and property crimes.
  • Penalty: This type of felony can lead to a sentence of up to 3 years, along with 18 months of supervision after release.
  • Fine: Those found guilty might also have to pay a fine that can reach $10,000.
• Class IV Felony
  • Class IV felonies involve drug possession and minor thefts that exceed misdemeanor limits.
  • Penalty: This felony can result in a sentence of up to 2 years, plus 12 months of supervision after release.
  • Fine: Offenders may also face a fine of up to $10,000.

Felony Sentencing Guidelines in Nebraska

In Nebraska, sentencing is influenced by statutory ranges. However, factors like the offender's criminal history, the circumstances surrounding the crime, and judicial discretion may affect an offender's sentence.

Key Sentencing Factors

1. Statutory Penalties: Statutory ranges indicate the required minimum and maximum sentences for each felony crime.
2. Mandatory Minimums: This is the least amount of time an offender must spend in prison for each type of felony conviction.
3. Aggravating Factors: These are factors that can increase the severity of a felony sentence. Common examples are use of firearms, repeat convictions, and gang involvement.
4. Mitigating Factors: Mitigating factors are conditions that can reduce the severity of a felony sentence.
5. Habitual Criminal Statute: Nebraska law (R.R.S. § 29-2221) permits the court to impose stricter penalties on repeat offenders, which can include life sentences.
6. Probation and Parole: Some offenders, especially those charged with less serious felonies (Class IIIA and IV), might be eligible for probation. The Nebraska Board of Parole decides on parole eligibility.

Felony Laws and Procedures in Major Nebraska Cities

Omaha (Douglas County)

In Omaha, the Douglas County District Court is responsible for prosecuting felonies. This court manages numerous violent crime and drug-related cases. You can find records through the Douglas County Clerk of Court or the online portal of the Nebraska Judicial Branch.

Lincoln (Lancaster County)

Felony prosecutions in Lincoln are handled by the Lancaster County District Court. This court deals with different types of criminal cases, such as property crimes and drug offenses. Records can be accessed via the Lancaster County Clerk.

Grand Island (Hall County)

Felony cases in Grand Island are tried in the Hall County District Court. The district court deals with various criminal cases, including burglary and theft. Records can be obtained via the Hall County Clerk’s Office.

How to Search for Felony Records in Nebraska

Nebraska offers several ways to access felony records through courts and law enforcement.

1. Nebraska Judicial Branch Case Search

The JUSTICE Case Search system allows the public to search felony records by name, case number, or county. Records include:

• Case number and docket history.
• Charges filed.
• Court location.
• Case status and sentencing.

2. District Court Clerk’s Offices

Certified felony case files must be requested directly from the Clerk of District Court in the county where the felony was prosecuted.

3. Nebraska State Patrol – Criminal History Reports

The Nebraska State Patrol maintains statewide criminal history records. Official background checks require fingerprinting. The background check will show any felony convictions that the record owner has committed.

4. Local Police and Sheriff’s Departments

Law enforcement agencies maintain arrest and incident reports. Anyone living in Nebraska can request access to felony records maintained by local police and sheriff's departments under Nebraska’s Public Records Act.

5. Third-Party Background Checks

Third-party record service providers offer online access to Nebraska felony records. Note that you may be required to pay a nominal fee for the service. While these platforms have an extensive felony record database, information available on their database may not be up-to-date. For more accurate and reliable records, contact the appropriate court or visit the State Patrol website.

Open vs. Sealed Records

• Open Records: Most felony convictions in Nebraska are accessible to the public.
• Expungement: In Nebraska, there are only a few options for expungement. Generally, only arrests that did not lead to a conviction or offenses that have been pardoned can be erased. Convictions typically stay on record permanently unless they are pardoned by the Nebraska Board of Pardons.

Why Understanding Felonies in Nebraska Matters

Felonies in Nebraska have lasting effects that go beyond jail term. In addition to incarceration, felonies can impact civil rights, job prospects, housing options, and the ability to obtain professional licenses. As such, it is always in your best interest to understand felony laws and sentencing guidelines in Nebraska.

In Nebraska, felonies are categorized into 10 classes (I, IA, IB, IC, ID, II, IIA, III, IIIA, and IV). Penalties for felonies range from 1 year to life in prison or even the death penalty. The sentencing is influenced by legal ranges, factors that can either increase or decrease the sentence, and laws regarding repeat offenders.

You can look up felony records using the Nebraska JUSTICE Case Search system. Alternatively, you can contact your District Court Clerk or visit theNebraska State Patrol website for felony records.