Nebraska Felony Classes and Misdemeanor Penalties (2026)

Nebraska defines felonies and misdemeanors by class: the Criminal Code divides felonies into ten classes, from a Class I felony (death) to a Class IV felony (up to 2 years plus 12 months of post-release supervision), and misdemeanors into seven classes, from a Class I misdemeanor (up to one year) down to fine-only classes (Neb. Rev. Stat. 28-105, 28-106). A felony sentence with a maximum term of one year or more is served in a Department of Correctional Services institution, while misdemeanor jail time is generally served in county jail. For how other states compare, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nebraska's offense classes in Neb. Rev. Stat. 28-104 to 28-107, the death-penalty and juvenile limits in 28-105.01 and 28-105.02, felony sentencing under 29-2204 and 29-2204.02, the habitual criminal law in 29-2221, the weapon-use offenses in 28-1205, infractions under 29-431 to 29-437 and 60-672, and probation under 29-2260, 29-2263, 29-2266, 29-2266.02 and 29-2267. It does not cover how individual offenses are graded (see the Nebraska theft laws and Nebraska assault and battery laws pages for two examples), time limits for charges, record clearing, good time and parole, juvenile court cases, city ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony vs misdemeanor in Nebraska

Nebraska draws the line by class. Neb. Rev. Stat. 28-105(1) provides that "felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction," and 28-106(1) divides misdemeanors into seven classes the same way. Those class tables are how the Code separates the two categories.

Where the sentence is served follows from its length. Under 28-105(2), "All sentences for maximum terms of imprisonment for one year or more for felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. All sentences for maximum terms of imprisonment of less than one year shall be served in the county jail." Misdemeanor jail time is served in the county jail, except that it may be served in a state institution when it runs concurrently or consecutively with a felony term and the combined sentences total one year or more (28-106(2)).

The Code treats "offense" and "crime" as the same thing: both "mean a violation of, or conduct defined by, any statute for which a fine, imprisonment, or death may be imposed" (28-104).

Nebraska felony classes

These are the ranges for the class itself. The habitual criminal law in 29-2221 sets higher, mandatory terms for some repeat felony convictions, and 28-105(3) states that "Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to increase sentences for habitual criminals." Both are described below, along with statutes that move some offenses up one class.

Because Classes IC and ID carry a mandatory minimum, 28-105(4) applies to them: "A person convicted of a felony for which a mandatory minimum sentence is prescribed shall not be eligible for probation."

Nebraska misdemeanor classes

Class W is the only misdemeanor class with mandatory minimums; 28-106(1) sets no minimum for the other classes.

How a Nebraska felony sentence is set

Nebraska has no sentencing-guidelines grid. The judge sentences within the class range, and the form of the sentence depends on the class.

Class I to IIA felonies: indeterminate sentences. Under 29-2204(1), "Except when a term of life imprisonment is required by law, in imposing a sentence upon an offender for any class of felony other than a Class III, IIIA, or IV felony, the court shall fix the minimum and the maximum terms of the sentence to be served within the limits provided by law." The minimum term is either any term of years less than the maximum imposed, or the minimum the law sets.

Class III, IIIA and IV felonies: a fixed term plus supervision. Under 29-2204.02(1), except where probation is required or another listed exception applies, the court must "Impose a determinate sentence of imprisonment within the applicable range in section 28-105" and "Impose a sentence of post-release supervision, under the jurisdiction of the Office of Probation Administration, within the applicable range in section 28-105."

The habitual criminal law. Under 29-2221(1), a person who "has been twice convicted of a crime, sentenced, and committed to prison, in this or any other state or by the United States ... for terms of not less than one year each" and is then convicted of a felony committed in Nebraska is a habitual criminal, "punished by imprisonment in a Department of Correctional Services adult correctional facility for a mandatory minimum term of ten years and a maximum term of not more than sixty years," except that:

• If the new felony violates 28-303, 28-304, 28-308, 28-313, 28-319, 28-319.01, 28-502, 28-929 or 28-1222 and at least one prior felony was under one of those sections (or a similar law elsewhere), the mandatory minimum is 25 years and the maximum 60 years (29-2221(1)(a)). Subdivision (b) sets the same 25-to-60-year term for certain combinations involving 28-306(3).
• If the new felony violates 28-416(3) or 28-509 to 28-518 and all the prior felonies were also violations of those provisions (or similar laws), the mandatory minimum is 3 years and the maximum 20 years (29-2221(1)(c)).
• "If a greater punishment is otherwise provided by statute, the law creating the greater punishment shall govern" (29-2221(1)(d)).

The habitual criminal allegation must be charged in the indictment or information, is not disclosed to the jury, and is decided by the court alone at a hearing before sentence, with at least three days' notice to the accused (29-2221(2)). A person found to be a habitual criminal is also excluded from the Class IV probation presumption (29-2204.02(2)(c)).

Weapon-use offenses. Under 28-1205, using a firearm to commit a felony is a Class IC felony (another deadly weapon, Class II); possessing a firearm during a felony is a Class II felony (another deadly weapon, Class III); and carrying a firearm or destructive device during a dangerous misdemeanor is a Class I misdemeanor for a first or second offense and a Class IV felony for a third or subsequent offense. A violation "shall be treated as a separate and distinct offense from the underlying crimes being committed, and a sentence imposed under this section shall be consecutive to any other sentence imposed" (28-1205(4)).

One-class enhancements. Some statutes move a listed offense to the next higher penalty class: listed offenses such as assault, stalking, kidnapping, sexual assault and arson committed because of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, age or disability (28-111, unless the offense is already a Class IB felony or higher); listed offenses against a pregnant woman (28-115, which excludes offenses already punishable as a Class I, IA or IB felony and makes a Class I misdemeanor a Class IIIA felony); and listed offenses committed by an agent of a foreign principal with an intent to coerce or retaliate that the statute describes (28-1904, where a Class I misdemeanor becomes a Class IV felony).

The top classes: murder and life sentences

Murder in the first degree, defined in 28-303, is punished as a Class I felony (death) or a Class IA felony (life imprisonment); which one is determined under 29-2519 to 29-2524. The death penalty "shall not be imposed upon any person who was under the age of eighteen years at the time of the commission of the crime," nor on any person with an intellectual disability (28-105.01(1), (2)). For a Class IA felony committed by a person under 18, the penalty is "a maximum sentence of not greater than life imprisonment and a minimum sentence of not less than forty years' imprisonment" (28-105.02(1)).

For how long these terms run in practice, see how long a life sentence is in Nebraska.

Offenses defined outside the Criminal Code

Some felonies and misdemeanors are defined in other chapters without a class. Under 28-107(1), such an offense "shall be punishable as provided in the statute defining it," subject to two caps:

• A felony defined outside the Code, without classification, whose sentence exceeds that authorized for a Class III felony "shall constitute for sentencing purposes a Class III felony" (28-107(2)).
• A misdemeanor defined outside the Code whose sentence exceeds that authorized for a Class I misdemeanor "shall constitute for sentencing purposes a Class I misdemeanor" (28-107(3)).

Can a Nebraska felony be reduced to a misdemeanor?

Nebraska has no general "wobbler" statute. Sections 28-105 and 28-106 fix each class by its authorized penalty, and the sentencing statutes in 29-2204 and 29-2204.02 direct the court to sentence within the class range. The provisions that soften felony sentencing work differently: the probation presumption for Class IV felonies in 29-2204.02(2), the court's general power to withhold imprisonment in 29-2260(2), and the 28-107 caps for offenses defined outside the Code.

Infractions in Nebraska

Below the misdemeanor classes is the infraction. Under 29-431, "infraction means the violation of any law, ordinance, order, rule, or regulation, not including those related to traffic, which is not otherwise declared to be a misdemeanor or a felony." That definition applies to the sections 29-431 lists (28-416, 29-422, 29-424, 29-425, 29-431 to 29-434 and 53-173), and the same section adds that an infraction "includes violations of section 60-6,267 and beginning January 1, 2024, section 60-6,279." A traffic infraction is the parallel category for "the Nebraska Rules of the Road or of any law, ordinance, order, rule, or regulation regulating traffic which is not otherwise declared to be a misdemeanor or a felony" (60-672).

When no other penalty is set, a person guilty of an infraction is fined (29-436):

• First offense: not more than $100.
• Second conviction for the same infraction within two years: $100 to $300.
• Third or later conviction for the same infraction within two years: $200 to $500.

"The trial of any person for an infraction shall be by the court without a jury" (29-437). The infraction statutes do not call an infraction a crime, while 28-104 defines crime, for the Criminal Code, as a violation for which a fine, imprisonment or death may be imposed.

Probation in Nebraska

Who can get probation. For any misdemeanor or felony "for which mandatory or mandatory minimum imprisonment is not specifically required," the court "may withhold sentence of imprisonment unless" it finds imprisonment necessary to protect the public because there is a substantial risk of new criminal conduct during probation, the offender needs correctional treatment best provided in a facility, or "A lesser sentence will depreciate the seriousness of the offender's crime or promote disrespect" for law (29-2260(2)). Probation is barred for a felony with a prescribed mandatory minimum (28-105(4)), which includes Class IC and ID felonies.

Class IV felonies. Under 29-2204.02(2), "If the criminal offense is a Class IV felony, the court shall impose a sentence of probation unless":

• the defendant is concurrently or consecutively sentenced to imprisonment for any felony other than another Class IV felony;
• the defendant was originally charged with a Class I, IA, IB, IC, ID, II, IIA, III or IIIA felony;
• the defendant has been deemed a habitual criminal under 29-2221; or
• there are substantial and compelling reasons why the defendant cannot effectively and safely be supervised in the community, including the criteria in 29-2260(2) and (3).

The statute adds that "Unless other reasons are found to be present, that the offender has not previously succeeded on probation is not, standing alone, a substantial and compelling reason." If probation is not imposed, the court must state its reasoning on the record (29-2204.02(3)).

How long. Except as subsection (2) provides, the term of probation "shall be not more than five years upon conviction of a felony or second offense misdemeanor and two years upon conviction of a first offense misdemeanor" (29-2263(1)(a)). The court may extend the term within those limits on joint application of the probation officer and the probationer (29-2263(3)), and while a motion to revoke is pending at the joint request of the probationer and the prosecutor (29-2267(4)).

Violations. When a probation officer has reasonable cause to believe a felony probationer has violated a condition, the officer's responses under 29-2266.02(3) include administrative sanctions imposed with the approval of the chief probation officer or a designee, which the probationer acknowledges in writing. A custodial sanction "may include up to thirty days in jail as the most severe response and may include up to three days in jail as the second most severe response" (29-2266(3)). The court "shall not revoke probation or increase the probation requirements imposed on the probationer, except after a hearing upon proper notice where the violation of probation is established by clear and convincing evidence" (29-2267(1)). If the court finds a violation, it may revoke probation and impose any sentence that might originally have been imposed for the crime (29-2268(1)); for a violation of post-release supervision, it may revoke the supervision and impose imprisonment up to the original supervision period, with credit for days in custody (29-2268(2)). If the court finds revocation is not appropriate, it may instead order a reprimand and warning, more intensive supervision, added conditions, a custodial sanction for a felony probationer, or an extension of the term within 29-2263 (29-2268(3)). For a person on probation for a felony, "revocation proceedings may only be instituted in response to a substance abuse or noncriminal violation if the probationer has served ninety days of cumulative custodial sanctions during the current probation term" (29-2267(3)).

Recent changes to Nebraska sentencing law

The 2025 and 2026 sessions amended several of the sections on this page. The list below names acts from those sessions and the sections they amended:

• Laws 2025, LB78: section 5 amended 29-2260 (withholding imprisonment).
• Laws 2025, LB80: section 34 amended 28-1205.
• Laws 2025, LB150 (approved June 4, 2025): section 25 amended 28-105 (the felony classes) and section 33 amended 29-2221 (habitual criminals); among other changes, the act removed the minimum period of post-release supervision for Class III and IIIA felonies.
• Laws 2025, LB530 (approved June 4, 2025): sections 8 and 9 amended 29-2263 (probation terms) and 29-2267 (revocation); among other changes, the act authorizes a court to extend a term of probation as it prescribes.
• Laws 2026, LB935 (approved April 14, 2026; operative July 18, 2026): section 25 amended 29-2204.02 (Class III, IIIA and IV sentencing) and section 21 amended 28-1205 (weapon-use offenses).
• Laws 2026, LB965 (operative October 1, 2026): section 20 amended 28-1205.
• Laws 2026, LB847 (effective July 18, 2026): section 7 amended the infraction definition in 29-431.

Federal firearm consequence

Federal law bars firearm possession by anyone convicted of "a crime punishable by imprisonment for a term exceeding one year" (18 U.S.C. 922(g)(1)), but that phrase excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less" (18 U.S.C. 921(a)(20)). Nebraska's highest regular misdemeanor class, Class I, carries not more than one year (28-106(1)). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The state-by-state hub explains the federal rules.

Related legal issues

How a particular offense lands in a class depends on its own statute: see the Nebraska theft laws for how theft is graded by value and the Nebraska assault and battery laws for how those offenses are classed. Clearing a record is covered on the Nebraska expungement laws page.

Related

• Felony and misdemeanor classes by state
• Nebraska expungement laws
• Nebraska theft laws
• How long is a life sentence in Nebraska
• Kansas felony and misdemeanor classes
• Iowa felony and misdemeanor classes

This article provides general legal information about Nebraska law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Nebraska.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Nebraska?

Nebraska defines both by class: felonies are the ten classes in Neb. Rev. Stat. 28-105 and misdemeanors the seven classes in 28-106. A felony sentence with a maximum term of one year or more is served in a state correctional institution, and misdemeanor jail time is generally served in county jail.

How much time is a Class IV felony in Nebraska?

Up to 2 years in prison and 12 months of post-release supervision, or a fine of up to $10,000, or both, with no minimum (28-105(1)). The court must impose probation unless an exception in 29-2204.02(2) applies, and the habitual criminal law and other enhancement statutes can raise the term.

How much time is a Class III felony in Nebraska?

Up to 4 years in prison and 2 years of post-release supervision, or a fine of up to $25,000, or both, with no minimum (28-105(1)). The habitual criminal law, one-class enhancement statutes and offense-specific statutes can raise the term.

What is a Class I misdemeanor in Nebraska?

It is the highest regular misdemeanor class: up to one year of imprisonment, a $1,000 fine, or both, with no minimum (28-106(1)). Class W, used for driving under the influence, has its own mandatory minimums.

What is a habitual criminal in Nebraska?

Under Neb. Rev. Stat. 29-2221(1), a person twice convicted and committed to prison for terms of at least one year each who is then convicted of a Nebraska felony. The sentence is a mandatory minimum of 10 years and up to 60 years, with a 25-year minimum for some listed offenses with a listed prior, and a 3-to-20-year term when the new felony and all prior felonies violate 28-416(3) or 28-509 to 28-518.

Is an infraction a crime in Nebraska?

Nebraska law defines an infraction, for the sections 29-431 lists, as a non-traffic violation that is not otherwise declared a misdemeanor or felony, and includes violations of two listed motor-vehicle sections (29-431), punished by a fine where no other penalty is set (29-436) and tried by the court without a jury (29-437). The Criminal Code separately defines crime as a violation for which a fine, imprisonment or death may be imposed (28-104).

How long is probation in Nebraska?

Up to five years for a felony or a second-offense misdemeanor and up to two years for a first-offense misdemeanor (29-2263(1)(a)). A felony with a prescribed mandatory minimum is not eligible for probation (28-105(4)).

What happens if you violate probation in Nebraska?

The court may revoke probation or add requirements only after a hearing on proper notice where the violation is established by clear and convincing evidence (29-2267(1)). If it finds a violation, it may revoke probation and impose any sentence that might originally have been imposed, or for post-release supervision, imprisonment up to the original supervision period (29-2268). For a felony probationer, revocation for a substance abuse or noncriminal violation may begin only after 90 days of cumulative custodial sanctions in the current term (29-2267(3)).