If you are charged with a criminal offense in Nebraska, you may be facing a variety of penalties including imprisonment in a county jail or state penitentiary. If you are able to resolve your case through a plea agreement, you will know exactly what punishment will be imposed. However, if your case goes to trial and you are found guilty, the judge will determine the fines you must pay and the incarceration you must serve.
According to Nebraska law, each crime is categorized into its own classification and carries specific penalties or ranges of penalty. Generally, the more severe the crime the greater the possible punishments. Additionally, as crimes increase in level of severity, they may also require what is known as mandatory minimum sentences.
What is a Mandatory Minimum Sentence?
In some criminal cases, the judge has broad discretion when deciding the sentence to impose on a convicted defendant. In other cases, usually the more serious charges or when the defendant is a repeat offender, the judge will have no discretion and must follow mandatory sentencing guidelines.
When a criminal charge involves a mandatory minimum sentence, every judge that enters a conviction for that crime in Nebraska must follow the same sentencing guideline. Under mandatory minimum guidelines, a judge may impose a longer sentence than required, but they cannot sentence a convicted criminal to less than the mandatory amount set forth in the statute.
Although these sentencing minimums are set by the legislature and cannot be ignored, a skilled criminal defense attorney at Berry Law might help fight the charges pending against you to help you receive the best possible outcome in your criminal case.
What is the Theory Behind Mandatory Minimum Sentences?
State legislatures originally created mandatory minimum sentencing guidelines to help expedite the sentencing process and create a more uniform method of punishment across the same criminal classifications. In practice, structured mandatory sentencing limits the possibility of wide differences in criminal convictions based on judicial discretion.
The theory behind mandatory sentencing is that some crimes are so horrible, the offender should not be allowed to live among the general population without first being punished to a certain extent. Some extremely serious crimes can require the offender to serve a life sentence to ensure they are removed from society for the rest of their life. A person convicted of the most heinous crime in Nebraska — first degree murder — can also be sentenced to death.
The legislature has decided it is an important public service to separate dangerous criminals from the general population for sufficient periods of time. The legislative intent behind mandatory minimum sentencing is that the seriousness of certain crimes or the number of times a criminal has violated the law should supersede personal and subjective opinions of any one judge. Requiring all judges to follow the same sentencing mandates also reduces the impact of judicial shopping where defendants ask to move their cases to a different, more lenient judge to avoid harsh penalties.
When Do Mandatory Sentences Apply?
Mandatory minimum sentences most often come into play when the classification of the crime requires the defendant to serve a minimum amount of time in jail or prison. In some criminal charges, a mandatory minimum sentence may be imposed if the defendant is considered a habitual criminal, or recidivist, whose past criminal history increases the punishment for the current pending charges.
Under minimum sentencing guidelines, a judge can sentence a defendant to more time than the minimum sentence, but they are not allowed to reduce the amount of time below the minimum sentence, no matter what the defendant’s criminal background may be. For instance, if a person is convicted of a Class IB felony in the state of Nebraska they are required to serve a minimum sentence of twenty years imprisonment, but they could be sentenced to more than 20 years and up to life imprisonment.
Furthermore, some sentencing rules contain a “minimum time served” requirement when it comes to parole eligibility. This means the defendant may not be able to accumulate “good-time” credit when they are serving their sentence until they have served at least the minimum amount of time required by statute. Usually, a defendant serving a minimum time served sentence is not immediately eligible for parole or probation, or at least not until the minimum time requirement has passed.
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How are Mandatory Minimum Sentences Applied?
In certain instances, a minimum sentence is a mandatory part of the classification of crime. In Nebraska, all classifications above a Class II felony require a minimum sentence. Also, Class W misdemeanors (driving under the influence charges) carry minimum and maximum sentences as well. Minimum required sentences can also be applied when a person commits certain crimes while in possession of a firearm because of the inherent added danger of the weapon.
Minimum sentences can also be applied when a person is considered to be a “habitual criminal.” A person will fall under this category of defendants when:
- They have been previously convicted, sentenced and served at least one year in prison for a crime two times in Nebraska or any other state, or
- If they were convicted, sentenced and served time once in Nebraska and once in another state for terms of not less than a year.
Generally, habitual criminals will be required to serve a minimum sentence of ten years of incarceration. If a habitual criminal committed certain crimes, such as murder in the first or second degree, assault in the first degree, or kidnapping, then the minimum mandatory sentence for a habitual criminal will be increased to 25 years.
If You Have Questions About Minimum Mandatory Sentences in Nebraska, the Dedicated Criminal Attorneys at Berry Law Have the Answers
Minimum sentences are a complicated topic to navigate in Nebraska. If you are facing a criminal charge that carries a mandatory minimum sentence, you may have questions about what the outcome will be. Our team of experienced criminal defense attorneys have tried many cases where our client was charged with a crime that carried a minimum sentence. We know how to build and present a strong case that might reduce the pending charges or fight the allegations to help avoid a mandatory minimum sentence.
Contact the experienced criminal defense attorneys at Berry Law to begin fighting your charges and increase your chances of reducing your penalties or avoiding a mandatory sentence. Call 402.817.6469 or complete our online contact form today to schedule a confidential consultation.
