{"id":374684,"date":"2017-10-04T14:51:09","date_gmt":"2017-10-04T19:51:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/nebraska-criminal-laws.html"},"modified":"2025-03-26T09:12:54","modified_gmt":"2025-03-26T14:12:54","slug":"nebraska-criminal-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/nebraska-criminal-laws.html","title":{"rendered":"Nebraska Criminal Laws"},"content":{"rendered":"\n
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\n \n Nebraska Criminal Laws\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

While some federal laws apply, states create and enforce most criminal codes. The state of Nebraska’s Criminal Code (Nebraska Revised Statutes Chapter 28)<\/a> covers all aspects of criminal offenses and criminal justice. District courts handle criminal cases and trials, while the state supreme court oversees the criminal justice system and makes rulings on state laws.<\/p>\r\n

Nebraska uses felonies and misdemeanors to classify crimes, each with several levels of severity. The state also allows capital punishment in the form of a death penalty for certain first-degree murder convictions<\/a> with qualifying aggravating circumstances. Voters rejected<\/a> an attempt by the Nebraska legislature to repeal the death penalty in 2016.<\/p>\r\n

Given how many different crimes there are, learning what you need to know is a daunting task. FindLaw’s Nebraska Criminal Laws section will explain the classes for crime sentencing, show how offenses are categorized<\/a>, and get you up to speed on self-defense statutes. We’ve also supplied links below to articles focused on specific criminal acts.<\/p>\r\n

Learning about the law is a good idea. When you’re facing criminal charges, you should put your future in the hands of a professional. Consider speaking with a Nebraska criminal defense attorney<\/a> for legal advice and representation.<\/p>\r\n

Self-Defense, Duty to Retreat, and Gun Control Laws<\/b><\/h2>\r\n

As in many other states, Nebraska’s self-defense laws are complex. If possible, there is a duty to retreat<\/a> instead of employing lethal force, with or without a deadly weapon. This doesn’t apply under Nebraska’s version of the castle doctrine<\/a>, which states that a person is not required to retreat when in their dwelling or workplace.<\/p>\r\n

There’s also no duty to retreat if responding to the use of unlawful force with non-lethal self-defense measures. The permissible amount of force is what’s required to protect yourself or a third person from a serious bodily injury. Law enforcement officers are under a different standard for the use of force<\/a> but are still accountable for any excessive measures.<\/p>\r\n

Compared with those of other states, Nebraska gun laws are somewhat permissive<\/a>. While restrictions are in place when there is domestic violence, and the state has a background check for the purchase of a handgun, there is no permit required for concealed carry, and there’s no provision for an extreme risk protective order (ERPO).<\/p>\r\n

Criminal Offense Classifications in Nebraska<\/b><\/h2>\r\n

The Nebraska Criminal Code separates criminal offenses into two different types \u2014 felonies and misdemeanors. They differ by:<\/p>\r\n