Neb. Rev. Stat. § 28-106 — NE Code / Chapter 28 / Section 28-106
View Statute 28-106
Status: in_force

(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.

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.

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).

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).

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).

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).

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).