Can I Go to Jail for a Misdemeanor in Nebraska?

June 16, 2025

Understanding Misdemeanors in Nebraska

In Nebraska, crimes are generally classified into three categories: infractions, misdemeanors, and felonies. Misdemeanors are more serious than infractions but less severe than felonies. They typically involve crimes like petty theft, simple assault, DUI, or possession of small amounts of marijuana.



Misdemeanors are further divided into classes—Class I being the most serious and Class V the least. The classification of your charge will influence whether jail time is a possibility and, if so, how long that sentence might be.


Jail Time for Misdemeanors


Yes, you can go to jail for a misdemeanor in Nebraska, depending on the class of the offense. Here is a general breakdown:


  • Class I Misdemeanor: Up to 1 year in jail and/or a $1,000 fine
  • Class II Misdemeanor: Up to 6 months in jail and/or a $1,000 fine
  • Class III Misdemeanor: Up to 3 months in jail and/or a $500 fine
  • Class IIIA Misdemeanor: Up to 7 days in jail and/or a $500 fine
  • Class IV and V Misdemeanors: Typically do not carry jail time, just fines


Judges in Nebraska do have discretion and may impose alternatives such as probation, community service, or diversion programs—especially for first-time offenders. However, repeat offenses, aggravating factors, or violation of probation conditions can result in incarceration.


Why Legal Representation Matters


Even if your charge seems "minor," it can have long-term consequences. A misdemeanor on your record could impact employment, housing, and even future legal matters. At VandenBosch Law, LLC, we guide Omaha residents through the legal process, protecting their rights and aiming for outcomes that avoid or minimize jail time.

We can review your case, explain your options, and advocate on your behalf—whether it’s negotiating a plea, fighting the charge, or seeking a diversion program.


Yes, depending on the classification, you could face jail time for a misdemeanor in Nebraska. However, alternatives to incarceration may be available, especially for less severe or first-time offenses. At VandenBosch Law, LLC, we help clients in Omaha understand their options and fight for fair results in misdemeanor cases.

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