Consequences of Misdemeanors in Nebraska
Misdemeanors are less serious than felony crimes, but convictions of any degree carry unpleasant penalties. The penalty for a misdemeanor can include jail time and fines of at least $200, and the punishments are determined by the nature of the crime in question.
In the state of Nebraska, there are seven classes of misdemeanors, all of which carry varying penalties:
- Class I—maximum of 1 year in jail and/or a $1,000 fine
- Class II—maximum of 6 months in jail and/or a $1,000 fine
- Class III—maximum of 3 months in jail and/or a $500 fine
- Class IIIA—maximum of 1 week in jail and/or a $500 fine
- Class IV—maximum $500 fine
- Class V—maximum $100 fine
- Class W—dependent on the number of prior convictions and details of the charge
In certain situations, you may also be required to complete alcohol or drug abuse programs. Class W misdemeanors are the most serious misdemeanor crimes and are often associated with drunk driving charges. First, second, and third DUI offenses are all Class W misdemeanors. With each offense, the penalties of a Class W misdemeanor have the potential of growing harsher, especially if your BAC is higher. The penalties for DUIs are:
First offense DUI
- BAC Below .15 – Facing a mandatory minimum jail time of 7 days that could last up to 60 days, a mandatory fine of $500, a potential requirement of attendance to an alcohol abuse program, and license revocation for a minimum of 6 months if no probation is given.
- BAC Above .15 – Facing a mandatory minimum jail time of 7 days that could last up to 60 days, a mandatory fine of $500, a potential requirement of attendance to an alcohol abuse program, and license suspension for up to one year.
Second offense DUI
- BAC Below .15 – Facing a mandatory minimum jail time of 30 days that could last up to 6 months, a mandatory fine of $500, a potential requirement of attendance to an alcohol abuse program, and a suspension of your license for up to 18 months.
- BAC Above .15 – Facing a mandatory minimum jail time of 90 days that could last up to one year, a mandatory fine of $500, a potential requirement of attendance to an alcohol abuse program, and a suspension of your license for a minimum of 18 months up to 15 years.
Third offense DUI –
- BAC Below .15 – Facing a mandatory minimum jail time of 90 days that could last up to one year, a mandatory fine of $1,000, a potential requirement of attendance to an alcohol abuse program, and license suspension for up to 15 years.
- BAC Above .15 – Facing a mandatory minimum jail time of 180 days that could last up to three years, a mandatory fine of $1,000, a potential requirement of attendance to an alcohol abuse program, and license suspension for up to 15 years. This is considered a Class IIIA felony.
As you can see, with each offense, the jail time and fines grow so it is key to have a strong attorney to assist you in gaining the best outcome for your conviction.
The Long-Term Effects of a Misdemeanor Conviction
If you are convicted of a misdemeanor offense, you may have much more to worry about than fines and jail time. Serving time in jail impedes your ability to continue working and having a permanent criminal record may negatively affect your employment prospects in the future. Even if you walk away with just a fine, you may still suffer civil penalties that effect your everyday life. A criminal record, even for a minor misdemeanor, can impede you from living in public housing, deny you the right to own a firearm, cause a suspension of your driver’s license, cause a loss or denial of a professional license, and even cause deportation even if you have been granted United States citizenship. Together, these penalties could reduce your overall earning potential, prevent you from adequately supporting yourself, keep you from saving for retirement, and allow the state to take away some of your rights.
We Serve Individuals Accused of Misdemeanor Crimes in Nebraska
At Berry Law, we may be able to assist you in fighting your criminal charge. If your charges cannot be dismissed, we may be able to help you negotiate a reduced sentence and minimize the effects of your misdemeanor conviction. We provide skillful, effective representation for accused persons throughout Nebraska, and we are prepared to evaluate your case in order to determine your best course of action.
