Nebraska Revised Statute 28-106

Revised Statutes » Chapter 28 » 28-106
28-105.02
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28-107
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28-106. Misdemeanors; classification of penalties; sentences; where served.

(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 hun-
dred dollars fine
Minimum — one hundred dollars fine
Class V misdemeanor........ Maximum — no imprisonment, one hun-
dred 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 in the following circumstances the court may, in its discretion, order that such sentences be served in institutions under the jurisdiction of the Department of Correctional Services:

(a) If the sentence is for a term of one year upon conviction of a Class I misdemeanor;

(b) If the sentence is to be served concurrently or consecutively with a term for conviction of a felony; or

(c) If the Department of Correctional Services has certified as provided in section 28-105 as to the availability of facilities and programs for short-term prisoners and the sentence is for a term of six months or more.

Source


Annotations

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).