2006 Nebraska Revised Statutes - § 28-106 — Misdemeanors; classification of penalties; sentences; where served.

Section 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 hundred dollars fine
	Minimum -- one hundred dollars fine
Class V misdemeanor........	Maximum -- no imprisonment, one hundred 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 four 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 six hundred dollars fine
	Mandatory minimum -- ninety days imprisonment and six hundred 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:

Laws 1977, LB 38, § 6

Laws 1982, LB 568, § 1

Laws 1986, LB 153, § 1

Laws 1992, LB 291, § 1

Laws 1998, LB 309, § 1

Laws 2002, LB 82, § 3

Laws 2005, LB 594, § 1

Annotations:

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).

~Revised Statutes Supplement, 2006