Nebraska Criminal Laws

While some federal laws apply, states create and enforce most criminal codes. The state of Nebraska’s Criminal Code (Nebraska Revised Statutes Chapter 28) 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.

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 with qualifying aggravating circumstances. Voters rejected an attempt by the Nebraska legislature to repeal the death penalty in 2016.

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, and get you up to speed on self-defense statutes. We’ve also supplied links below to articles focused on specific criminal acts.

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 for legal advice and representation.

Self-Defense, Duty to Retreat, and Gun Control Laws

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

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 but are still accountable for any excessive measures.

Compared with those of other states, Nebraska gun laws are somewhat permissive. 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).

Criminal Offense Classifications in Nebraska

The Nebraska Criminal Code separates criminal offenses into two different types — felonies and misdemeanors. They differ by:

• The severity of the crimes involved
• The potential lengths of incarceration
• The amount of potential fines
• Whether incarceration is served in a county jail or an institution under the jurisdiction of the Department of Correctional Services

Felonies in Nebraska

Felonies cover more serious offenses and violent crimes than misdemeanors and have longer prison terms and higher fines. The statute of limitations (time limit) for charging a felony offense is three years.

In Nebraska, there are 10 different levels of felony offenses. The table below outlines the prison sentence and possible fines associated with each.

Misdemeanors in Nebraska

Misdemeanors aren’t as serious as felonies but can still carry jail time and significant fines. They have an 18-month statute of limitations. Unless ruled differently by a judge, misdemeanor incarceration takes place in a county jail. There are seven classes of misdemeanors used in Nebraska:

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Types of Criminal Offenses

Under Nebraska’s Criminal Code, offenses are grouped into categories containing similar crimes. These include:

• Article 1. Provisions Applicable to Offenses Generally
• Article 2. Inchoate Offenses
• Article 3. Offenses Against the Person
• Article 4. Drugs and Narcotics
• Article 5. Offenses Against Property
• Article 6. Offenses Involving Fraud
• Article 7. Offenses Involving the Family Relation
• Article 8. Offenses Relating to Morals
• Article 9. Offenses Involving Integrity and Effectiveness of Government Operation
• Article 10. Offenses Against Animals
• Article 11. Gambling
• Article 12. Offenses Against Public Health and Safety
• Article 13. Miscellaneous Offenses
• Article 14. Noncode Provisions
• Article 16. Forfeiture of Property
• Article 17. Immunity in Certain Cases

Each article contains subsets of criminal offenses. For example, acts committed by a sex offender are under Article 3, Offenses Against the Person.

Need Help With Nebraska Criminal Laws? Talk to an Attorney

There are some things you shouldn’t try without extensive training. Defending yourself against criminal charges in a Nebraska court qualifies. If you’re facing criminal prosecution or fighting a law enforcement agency over forfeiture, getting legal advice from a Nebraska criminal defense lawyer is an excellent option.