Being charged with a misdemeanor can feel like your entire life is on pause. Maybe it was a misunderstanding, a mistake, or simply being in the wrong place at the wrong time — but now, your name is attached to a criminal charge.
At Hightower Reff Law, we help Nebraskans see beyond the panic. Knowing what to expect and what steps to take when you’re charged with a misdemeanor in Nebraska can protect your record and your reputation.
What Are Misdemeanor Charges in Nebraska?
Misdemeanor charges are criminal offenses that are less severe than felonies but more serious than infractions or citations. Common examples include petty theft, trespassing, simple assault, and certain first-offense DUIs.
Misdemeanor Charges & Penalties in Nebraska
Each misdemeanor is assigned a class (I through V), which determines the potential fine and jail time. If it’s your first offense, you may qualify for pre-trial diversion. This may happen for cases like minor in possession, possession of marijuana under an ounce, shoplifting and, in Sarpy County, DUI.
Diversion program requirements and lengths vary by county, but if you qualify and complete the program successfully, the criminal charges will be dismissed and no conviction will show on your record.
Nebraska Misdemeanor Penalties:
- Class I: Up to 1 year in jail and/or $1,000 fine
- Class II: Up to 6 months in jail and/or $1,000 fine
- Class III: Up to 3 months in jail and/or $500 fine
- Class IV: Up to $500 fine
- Class V: Up to $100 fine
Do You Go to Jail for a Misdemeanor in Nebraska?
If you’re going to be charged with a misdemeanor in Nebraska, you aren’t always arrested and taken to jail. Law enforcement may issue a ticket and release you on your own recognizance instead. Regardless, always remain silent until you talk to a lawyer. It’s smart to hire an attorney or ask for court appointed counsel as soon you can.
If you’re taken to jail to be processed after you’re arrested, you may be able to bond out right away without seeing a judge.
Next, there will be a misdemeanor arraignment hearing at which the court will read the charges against you and advise you of your rights.
What Happens During the Misdemeanor Process?
Expect the following steps in the process for misdemeanors in Nebraska:
- If diversion isn’t an option, your attorney prepares your case.
- They’ll review evidence, talk to prosecutors, and explore plea agreements.
- Pre-trial motions or hearings may follow.
- If no plea is reached, your case proceeds to trial.
- A not-guilty verdict ends the case; a guilty verdict leads to sentencing after a pre-sentence investigation.
The entire misdemeanor process can take up to six months — patience and good legal counsel are key.
Frequently Asked Questions About Misdemeanor Charges in Nebraska
What is the maximum penalty for a misdemeanor in Nebraska?
The maximum penalty for a misdemeanor in Nebraska is up to one year in jail and a $1,000 fine (Class I).
What is the worst misdemeanor you can get?
Class I misdemeanors are the most serious, often involving assault, theft, or DUI charges.
Do misdemeanor charges go away?
Misdemeanor charges do not go away automatically — but Nebraska law allows certain misdemeanors to be expunged or sealed under specific conditions.
How do you get misdemeanor charges dropped?
You can get misdemeanor charges dropped through pre-trial diversion, plea negotiations, or successful defense at trial. An experienced criminal defense attorney can help determine which option is best.
Can misdemeanor charges be dropped?
Yes, you can get rid of misdemeanor charges through a legal process called expungement or record sealing. The specific steps depend on the charge and your history.
How long do misdemeanor charges stay on record?
Misdemeanor charges will stay on your record until you take steps to expunge them — there’s no automatic expiration in Nebraska.
How many misdemeanor charges make a felony?
It depends on the offense. For example, multiple DUIs or theft offenses may eventually be enhanced to felony charges.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.
If you find yourself facing misdemeanor charges in Nebraska, the seasoned law experts at Hightower Reff Law can assist you on your way through the misdemeanor process so you know your options. Schedule your free consultation today!
