Learn about your state's laws by using the links below.
By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed March 26, 2025
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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.
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).
The Nebraska Criminal Code separates criminal offenses into two different types — felonies and misdemeanors. They differ by:
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.
| Type of Felony | Minimum Prison Sentence | Maximum Prison Sentence | Maximum Fine |
|---|---|---|---|
| Class I (First-degree murder with aggravating factors) |
Life imprisonment without parole |
Death |
N/A |
| Class IA (Kidnapping, first-degree murder) |
Mandatory life imprisonment |
Life imprisonment without parole |
N/A |
| Class IB (Child sexual assault, methamphetamine trafficking, second-degree murder) |
20 years imprisonment |
Life imprisonment |
N/A |
| Class IC (Use or possession of a firearm during a drug offense, possessing or trafficking large amounts of certain controlled substances) |
Five years imprisonment |
50 years imprisonment |
N/A |
| Class ID (Hate crimes, certain assault and sexual assault offenses, certain drug offenses) |
Three years imprisonment |
50 years imprisonment |
N/A |
| Class II (Robbery, arson, child abuse) |
One year imprisonment |
50 years imprisonment |
N/A |
| Class IIA (Burglary, sexual abuse, multiple domestic violence offenses) |
No minimum |
20 years imprisonment |
N/A |
| Class III (Computer crimes, fraud, forgery) |
No minimum; nine months post-release supervision if time is served |
Four years imprisonment with two years post-release supervision |
$25,000 |
| Class IIIA (Strangulation, types of vehicular homicide) |
No minimum |
Three years imprisonment with 18 months post-release supervision |
$10,000 |
| Class IV | No minimum |
Two years imprisonment and 12 months post-release supervision |
$10,000 |
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:
| Types of Misdemeanors | Minimum Jail Sentence | Maximum Jail Sentence | Maximum Fines and Other Penalties |
|---|---|---|---|
| Class I (Assault third degree, violation of a stalking protection order, stalking) |
None |
Up to one year |
$1,000 |
| Class II (Theft under $500, criminal mischief) |
None |
Up to six months |
$1,000 |
| Class III (Disturbing the peace, littering) |
None |
Up to three months |
$500 |
| Class IIIA (Illegal marijuana possession, serious canine violations) |
None |
Up to seven days |
$500 |
| Class IV (Harassment of a police animal) |
None |
None |
$500 |
| Class V (Smoking by a minor, motor vehicle equipment violations) |
None |
None |
$100 |
| Class W (DUI/DWI motor vehicle offenses) |
|
|
The defendant's driver's license is subject to suspension or revocation. |
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.
Under Nebraska's Criminal Code, offenses are grouped into categories containing similar crimes. These include:
Each article contains subsets of criminal offenses. For example, acts committed by a sex offender are under Article 3, Offenses Against the Person.
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.