Neb. Rev. Stat. » Chapter 28

Neb. Rev. Stat. § 28-105

Felonies; classification of penalties; sentences; where served; eligibility for probation

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(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction:

Class I felony Death
Class IA felony Life imprisonment
Class IB felony Maximum—life imprisonment
Minimum—twenty years imprisonment
Class IC felony Maximum—fifty years imprisonment
Mandatory minimum—five years imprisonment
Class ID felony Maximum—fifty years imprisonment
Mandatory minimum—three years imprisonment
Class II felony Maximum—fifty years imprisonment
Minimum—one year imprisonment
Class IIA felony Maximum—twenty years imprisonment
Minimum—none
Class III felony Maximum—four years imprisonment and two years
post-release supervision or
twenty-five thousand dollars fine, or both
Minimum—none for imprisonment and none for
post-release supervision
Class IIIA felony Maximum—three years imprisonment
and eighteen months post-release supervision or
ten thousand dollars fine, or both
Minimum—none for imprisonment and none for
post-release supervision
Class IV felony Maximum—two years imprisonment and twelve
months post-release supervision or
ten thousand dollars fine, or both
Minimum—none for imprisonment and none for
post-release supervision
Notes of Decisions
Cited in 1,094 cases (325 in the last 5 years), 1979–2026 · leading case: State v. Benavides
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State v. Benavides (2016) neb · cites it 17× “The nonretroac- tive provision under Neb. Rev. Stat. § 28-105 (7) (Supp. 2015) broadly applies to penalty changes created by 2015 Neb.”
State v. Phillips (2019) neb · cites it 9× “6 See, Neb. Rev. Stat. § 28-105 (1) (Cum. Supp. 2014); State v.”
State v. Aguallo (2016) neb · cites it 12× “605 amended § 29-2204 to restrict indeterminate sen- tencing to the more serious felonies and ushered in determi- nate sentencing with postrelease supervision for Classes III, IIIA, and IV felonies.”
State v. Kennedy (2018) neb · cites it 6× “6 See Neb. Rev. Stat. §§ 28-105 (Supp. 2017) and 29-2204.”
State v. Wal (2019) neb · cites it 7× “Thus, on the day revocation was ordered, Wal had considerably more than 8 months remaining on his term of post-release supervision. The district court's order imposing a term of 8 months' imprisonment was within the maximum term authorized by § 29-2268(2) and was not an abuse of…”
State v. Baxter (2017) neb · cites it 6× “The sentences imposed were the maximum allowable sentences under Neb. Rev. Stat. § 28-105 (Supp. 2015) for a Class IV felony and under Neb.”
State v. Draper (2016) neb · cites it 5× “STANDARD OF REVIEW [1] In reviewing a sufficiency of the evidence claim, whether the evidence is direct, circumstantial, or a combination thereof, the standard is the same: An appellate court does not resolve conflicts in the evidence, pass on the credibility of witnesses, or…”
State v. Trevino (1988) neb · cites it 16× “" We find no abuse of discretion in the sentence pronounced. For the crime of attempted second degree murder of Mark Heil, the district court sentenced Trevino to imprisonment for a period of 15 to 30 years, to be served consecutively to the sentence for second degree murder.”
State v. Dill (2018) neb · cites it 4× “See, also, Neb. Rev. Stat. §§ 28-105 (Supp. 2017) and 29-2204.”
State v. Vanness (2018) neb · cites it 4× “Neb. Rev. Stat. § 28-105 (Supp. 2015). We have observed that a court's failure to advise a defendant of the correct statutory minimum and maximum penalties does not automatically warrant reversal.”
State v. Iromuanya (2006) neb · cites it 8× “Neb. Rev. Stat. § 28-105 (1) (Cum. Supp. 2004) and §§ 28-201(4)(a) and 28-304(2).”
State v. Conover (2005) neb · cites it 11× “The penalties for various felony classes are set forth in Neb. Rev. Stat. § 28-105 (Reissue 1995 & Cum.”
Show all 1,094 citing cases →
— Neb. Rev. Stat. § 28-105(1) — 93 cases
State v. Conover (2005) neb “The penalties for various felony classes are set forth in Neb. Rev. Stat. § 28-105 (Reissue 1995 & Cum.”
State v. Hunt (2018) neb
State v. Iromuanya (2006) neb “Neb. Rev. Stat. § 28-105 (1) (Cum. Supp. 2004) and §§ 28-201(4)(a) and 28-304(2).”
State v. Phillips (2019) neb “6 See, Neb. Rev. Stat. § 28-105 (1) (Cum. Supp. 2014); State v.”
State v. McMillion (2016) nebctapp
— Neb. Rev. Stat. § 28-105(2) — 4 cases
State v. Wilcox (1992) neb
State v. Wren (1990) neb
State v. Thurman (2007) neb
State v. Minnick (2015) nebctapp
— Neb. Rev. Stat. § 28-105(3) — 1 case
State v. Ramirez (2008) neb
— Neb. Rev. Stat. § 28-105(4) — 8 cases
State v. Hamik (2001) neb
State v. Benavides (2016) neb “The nonretroac- tive provision under Neb. Rev. Stat. § 28-105 (7) (Supp. 2015) broadly applies to penalty changes created by 2015 Neb.”
State v. Pauly (2022) neb
State v. Russell (2015) neb
State v. Bradley (2018) nebctapp
— Neb. Rev. Stat. § 28-105(5) — 9 cases
State v. Dill (2018) neb “See, also, Neb. Rev. Stat. §§ 28-105 (Supp. 2017) and 29-2204.”
State v. Phillips (2019) neb “6 See, Neb. Rev. Stat. § 28-105 (1) (Cum. Supp. 2014); State v.”
State v. Phillips (2017) neb
State v. Dill (2018) neb
State v. Shaull (2018) neb
— Neb. Rev. Stat. § 28-105(6) — 29 cases
State v. Mendez-Osorio (2017) neb
State v. Artis (2017) neb
State v. Wells (2020) nebctapp
State v. Seaman (2020) nebctapp
State v. Lillard (2019) nebctapp
— Neb. Rev. Stat. § 28-105(7) — 7 cases
State v. Benavides (2016) neb “The nonretroac- tive provision under Neb. Rev. Stat. § 28-105 (7) (Supp. 2015) broadly applies to penalty changes created by 2015 Neb.”
State v. Aguallo (2016) neb “605 amended § 29-2204 to restrict indeterminate sen- tencing to the more serious felonies and ushered in determi- nate sentencing with postrelease supervision for Classes III, IIIA, and IV felonies.”
State v. Chacon (2017) neb
State v. Raatz (2016) neb
State v. Lillard (2019) nebctapp
— Neb. Rev. Stat. § 28-105(8) — 3 cases
State v. Rogers (2017) neb
State v. Herrera (2019) nebctapp
State v. Batres (2019) nebctapp
— Neb. Rev. Stat. § 28-105(a) — 1 case
State v. Bradley (2018) nebctapp
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