What is a Class II misdemeanor in Nebraska?

In Nebraska, the jail range for a Class II misdemeanor is up to 6 months, and the fine is up to $1,000. Jail and fine can be combined. There is no minimum.

What is a Class III misdemeanor in Nebraska?

In Nebraska, the jail range for a Class III misdemeanor is up to 3 months, and the fine is up to $500. Jail and fine can be combined. There is no minimum.

What is a Class IIIA misdemeanor in Nebraska?

In Nebraska, the jail range for a Class IIIA misdemeanor is up to 7 days, and the fine is up to $500. Jail and fine can be combined. There is no minimum.

What is a Class IV misdemeanor in Nebraska?

In Nebraska, the jail range for a Class IV misdemeanor is no jail, and the fine is up to $500. There is no minimum.

What is a Class V misdemeanor in Nebraska?

In Nebraska, the jail range for a Class V misdemeanor is no jail, and the fine is up to $100. There is no minimum.

What is a Class W misdemeanor in Nebraska?

In Nebraska, the jail range for a Class W misdemeanor is first DUI: 7 to 60 days. Second: 30 days to 6 months. Third: 90 days to 1 year, and the fine is $500 for a first or second DUI; $1,000 for a third. Class W is used only for driving under the influence and implied consent (chemical test) offenses.

Is a DUI a felony in Nebraska?

A fourth DUI (three earlier convictions) is a Class IIIA felony with at least 180 days in jail or an adult correctional facility. A third DUI (two earlier convictions) is a Class W misdemeanor, unless the person's alcohol concentration was 0.15 or more or the person refused the test, which makes it a Class IIIA felony. With three earlier convictions plus 0.15 or more or a refusal, it is a Class IIA felony (at least 1 year in prison). Four or more earlier convictions is a Class IIA felony (at least 2 years), or a Class II felony (at least 2 years) with 0.15 or more or a refusal. Causing serious bodily injury while driving under the influence is a Class IIIA felony. Motor vehicle homicide caused by driving under the influence is a Class IIA felony, or a Class II felony if the person has an earlier DUI conviction. Driving while the license is revoked after certain DUI convictions (including any third or later DUI, a DUI injury or a DUI homicide) is a Class IV felony.

Charges and sentences

Felony and misdemeanor classes in Nebraska

Nebraska sorts felonies into ten classes (Class I is the most serious and Class IV the least) and misdemeanors into seven classes (Class I is the most serious and Class V the least, plus a separate Class W for drunk driving). Many offenses outside the criminal code set their own penalty.¹

Checked October 29, 2026 against Nebraska's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony: Nebraska sorts crimes by class instead of by a stated sentence length. Felonies fall into ten classes, from Class I (death) down to Class IV (up to 2 years in prison). Misdemeanors fall into seven classes, and the most serious (Class I) carries up to 1 year in jail.¹
Felony theft starts at: $1,500How theft is graded
When a DUI is a felony: A fourth DUI (three earlier convictions) is a Class IIIA felony with at least 180 days in jail or an adult correctional facility. A third DUI (two earlier convictions) is a Class W misdemeanor, unless the person's alcohol concentration was 0.15 or more or the person refused the test, which makes it a Class IIIA felony. With three earlier convictions plus 0.15 or more or a refusal, it is a Class IIA felony (at least 1 year in prison). Four or more earlier convictions is a Class IIA felony (at least 2 years), or a Class II felony (at least 2 years) with 0.15 or more or a refusal.²

Felony classes in Nebraska

From most to least serious: Class I, Class IA, Class IB, Class IC, Class ID, Class II, Class IIA, Class III, Class IIIA, Class IV. The sentence is the range the law allows; the judge picks within it.

Felony classes in Nebraska, with prison ranges and fines
Class	Prison	Fine	The law
Class I felony	Death	None set	Neb. Rev. Stat. § 28-105(1)¹
Class IA felony	Life	None set	Neb. Rev. Stat. § 28-105(1)¹
Class IB felony	20 years to life	None set	Neb. Rev. Stat. § 28-105(1)¹
Class IC felony	5 to 50 yearsThe 5-year minimum is mandatory. A person convicted of a felony with a mandatory minimum is not eligible for probation.	None set	Neb. Rev. Stat. § 28-105(1), (4)¹
Class ID felony	3 to 50 yearsThe 3-year minimum is mandatory. A person convicted of a felony with a mandatory minimum is not eligible for probation.	None set	Neb. Rev. Stat. § 28-105(1), (4)¹
Class II felony	1 to 50 years	None set	Neb. Rev. Stat. § 28-105(1)¹
Class IIA felony	Up to 20 yearsThere is no minimum prison term.	None set	Neb. Rev. Stat. § 28-105(1)¹
Class III felony	Up to 4 years, plus up to 2 years of post-release supervisionThere is no minimum prison term and no minimum post-release supervision term. The statute allows the prison and post-release supervision term, the fine, or both.	Up to $25,000	Neb. Rev. Stat. § 28-105(1)¹
Class IIIA felony	Up to 3 years, plus up to 18 months of post-release supervisionThere is no minimum prison term and no minimum post-release supervision term. The statute allows the prison and post-release supervision term, the fine, or both.	Up to $10,000	Neb. Rev. Stat. § 28-105(1)¹
Class IV felony	Up to 2 years, plus up to 12 months of post-release supervisionThere is no minimum prison term and no minimum post-release supervision term. The statute allows the prison and post-release supervision term, the fine, or both.	Up to $10,000	Neb. Rev. Stat. § 28-105(1)¹

Misdemeanor classes in Nebraska

Misdemeanor classes in Nebraska, with jail ranges and fines
Class	Jail	Fine	The law
Class I misdemeanor	Up to 1 yearJail and fine can be combined. There is no minimum.	Up to $1,000	Neb. Rev. Stat. § 28-106(1)⁶
Class II misdemeanor	Up to 6 monthsJail and fine can be combined. There is no minimum.	Up to $1,000	Neb. Rev. Stat. § 28-106(1)⁶
Class III misdemeanor	Up to 3 monthsJail and fine can be combined. There is no minimum.	Up to $500	Neb. Rev. Stat. § 28-106(1)⁶
Class IIIA misdemeanor	Up to 7 daysJail and fine can be combined. There is no minimum.	Up to $500	Neb. Rev. Stat. § 28-106(1)⁶
Class IV misdemeanor	No jailThere is no minimum.	Up to $500	Neb. Rev. Stat. § 28-106(1)⁶
Class V misdemeanor	No jailThere is no minimum.	Up to $100	Neb. Rev. Stat. § 28-106(1)⁶
Class W misdemeanor	First DUI: 7 to 60 days. Second: 30 days to 6 months. Third: 90 days to 1 year.Class W is used only for driving under the influence and implied consent (chemical test) offenses.	$500 for a first or second DUI; $1,000 for a third	Neb. Rev. Stat. § 28-106(1)⁶

Good to know

Laws 2025, LB150 removed a 9-month minimum period of post-release supervision (when prison is imposed) for Class III and IIIA felonies. That change became operative Sept. 3, 2025. The maximum terms shown above did not change.³

A felony or misdemeanor defined outside the criminal code without a class is punished as the law that defines it provides. If its sentence is higher than a Class III felony allows (or a Class I misdemeanor allows), it is treated as a Class III felony (or Class I misdemeanor) for sentencing.⁴

Section 28-105 does not limit the habitual criminal laws (§§ 29-2221 and 29-2222), which can increase sentences for people with earlier convictions.¹

When theft is a felony in Nebraska

In Nebraska, theft of $1,500 or more is a felony: a Class IV felony from $1,500 to under $5,000, and a Class IIA felony at $5,000 or more. Theft of more than $500 and under $1,500 is a Class I misdemeanor, and theft of $500 or less is a Class II misdemeanor. A second conviction for theft of more than $500 and under $1,500, or a third conviction for theft of $500 or less, is a Class IV felony when the earlier convictions came no more than 10 years before the new offense.⁵

Neb. Rev. Stat. § 28-518(1)-(7) · Felony theft amounts in every state

DUI in Nebraska

Nebraska calls it driving under the influence (DUI). A refusal to take a chemical test is covered under the implied consent section, § 60-6,197.

Repeat offenses: A fourth DUI (three earlier convictions) is a Class IIIA felony with at least 180 days in jail or an adult correctional facility. A third DUI (two earlier convictions) is a Class W misdemeanor, unless the person's alcohol concentration was 0.15 or more or the person refused the test, which makes it a Class IIIA felony. With three earlier convictions plus 0.15 or more or a refusal, it is a Class IIA felony (at least 1 year in prison). Four or more earlier convictions is a Class IIA felony (at least 2 years), or a Class II felony (at least 2 years) with 0.15 or more or a refusal.
Which past offenses count: 15 years. An earlier conviction counts if the violation was committed within the 15-year period before the new offense. City ordinance convictions and other states' convictions for the same conduct count.
Other felony versions: Causing serious bodily injury while driving under the influence is a Class IIIA felony. Motor vehicle homicide caused by driving under the influence is a Class IIA felony, or a Class II felony if the person has an earlier DUI conviction. Driving while the license is revoked after certain DUI convictions (including any third or later DUI, a DUI injury or a DUI homicide) is a Class IV felony.

Neb. Rev. Stat. §§ 60-6,196, 60-6,197.02, 60-6,197.03, 60-6,197.06, 60-6,198, 28-306(3)² · Felony DUI rules in every state

After a conviction

Clearing or sealing a record in Nebraska: who qualifies, the wait and how to file.
Voting after a felony in Nebraska
How long a felony or misdemeanor stays on your record

Common questions

What is a felony in Nebraska?

Nebraska sorts crimes by class instead of by a stated sentence length. Felonies fall into ten classes, from Class I (death) down to Class IV (up to 2 years in prison). Misdemeanors fall into seven classes, and the most serious (Class I) carries up to 1 year in jail.

What is a Class I felony in Nebraska?

In Nebraska, the prison range for a Class I felony is death.

What is a Class IA felony in Nebraska?

In Nebraska, the prison range for a Class IA felony is life.

What is a Class IB felony in Nebraska?

In Nebraska, the prison range for a Class IB felony is 20 years to life.

What is a Class IC felony in Nebraska?

In Nebraska, the prison range for a Class IC felony is 5 to 50 years. The 5-year minimum is mandatory. A person convicted of a felony with a mandatory minimum is not eligible for probation.

What is a Class ID felony in Nebraska?

In Nebraska, the prison range for a Class ID felony is 3 to 50 years. The 3-year minimum is mandatory. A person convicted of a felony with a mandatory minimum is not eligible for probation.

What is a Class II felony in Nebraska?

In Nebraska, the prison range for a Class II felony is 1 to 50 years.

What is a Class IIA felony in Nebraska?

In Nebraska, the prison range for a Class IIA felony is up to 20 years. There is no minimum prison term.

What is a Class III felony in Nebraska?

In Nebraska, the prison range for a Class III felony is up to 4 years, plus up to 2 years of post-release supervision, and the fine is up to $25,000. There is no minimum prison term and no minimum post-release supervision term. The statute allows the prison and post-release supervision term, the fine, or both.

What is a Class IIIA felony in Nebraska?

In Nebraska, the prison range for a Class IIIA felony is up to 3 years, plus up to 18 months of post-release supervision, and the fine is up to $10,000. There is no minimum prison term and no minimum post-release supervision term. The statute allows the prison and post-release supervision term, the fine, or both.

What is a Class IV felony in Nebraska?

In Nebraska, the prison range for a Class IV felony is up to 2 years, plus up to 12 months of post-release supervision, and the fine is up to $10,000. There is no minimum prison term and no minimum post-release supervision term. The statute allows the prison and post-release supervision term, the fine, or both.

What is a Class I misdemeanor in Nebraska?

In Nebraska, the jail range for a Class I misdemeanor is up to 1 year, and the fine is up to $1,000. Jail and fine can be combined. There is no minimum.

These are the general ranges in Nebraska's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Felony and misdemeanor classes in Nebraska" https://secondchanceindex.com/felony-classes/nebraska, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

Neb. Rev. Stat. §§ 28-105(1), 28-106(1)
Neb. Rev. Stat. §§ 60-6,196, 60-6,197.02, 60-6,197.03, 60-6,197.06, 60-6,198, 28-306(3)
Laws 2025, LB150, § 25
Neb. Rev. Stat. § 28-107
Neb. Rev. Stat. § 28-518(1)-(7)
Neb. Rev. Stat. § 28-106 Misdemeanors; classification of penalties; sentences; where servedNebraska Legislature
2025 Date List (effective and operative dates of 2025 legislation)Nebraska Legislature (Revisor of Statutes)
Neb. Rev. Stat. § 28-306 Motor vehicle homicide; penaltyNebraska Legislature
Neb. Rev. Stat. § 60-6,196 Driving under influence of alcoholic liquor or drug; penaltiesNebraska Legislature
Neb. Rev. Stat. § 60-6,197.02 Driving under influence; implied consent; terms defined; prior convictionsNebraska Legislature
Neb. Rev. Stat. § 60-6,197.06 Operating motor vehicle during revocation period; penaltiesNebraska Legislature
Neb. Rev. Stat. § 60-6,198 Driving under influence; serious bodily injury; violation; penaltyNebraska Legislature