Nebraska has many different criminal offense categories where felonies
are classified. Like other states crimes are broken into misdemeanors
and felonies. But rather than place each into alphabetical categories,
crimes are categorized into major offenses and degrees.
A capital offense in Nebraska constitutes First Degree Murder. Whether a person is killed through a robbery, kidnapping, or hijacking, the offense exists if a person is deliberately killed through premeditation. Capital offense is often paired with Sexual Assault in the First Degree.
Arson can be broken into both felonies and misdemeanors depending on the severity of the fires. Arson as a first degree felony or a second degree felony constitutes committing arson and causing an explosion in the hope of injuring another. This can also include felony criminal mischief, burglary, and robbery at the same time. Arson as a misdemeanor is a third degree offense.
Assault can be broken down into first, second, and third degree felony offenses. First degree assault is the intentional and knowing serious bodily injury to another individual. Second degree assault is the intention bodily injury to another individually knowingly using a dangerous object. Third degree assault is when a person knowingly and recklessly causes bodily injury to another individual along with threatening.
Burglary is considered a felony when a vehicle or a vessel is removed upon unlawful entry into a structure. Larceny also falls under this category and is often paired with burglary.
Criminal mischief as a felony is convicted when property is damaged, intentionally tampered with, endangers another, or causes the suffering of pecuniary loss. To be a felony this pecuniary loss must exceed three hundred dollars otherwise the crime will be classified as a misdemeanor under criminal mischief.
Drug felonies violate drug laws that state that any person who violates any drug law be charged. Drug laws can be either misdemeanors or felonies depending on the amount of drugs in possession.
Forgery is considered a felony when there is the intent to harm or deceive. This act can include the forgery of stamps, money, securities, or any other valuable government instrument over seventy-five dollars -- stocks, bank notes, bonds, ect. Forgery can all be classified as a misdemeanor. Conviction depends on the amount of the forgery.
Other Felony Offenses
Manslaughter is a major felony offense when done with neglect and in a reckless manner. Murder under the homicide jurisdiction is considered a felony when either attempted or committed.
Sexual assault is nearly always classified as a felony and comes in first and second degrees. Theft and robbery are also felonies depending on the amount stolen.
Expungement is the legal obliteration, destroying, and striking out of criminal records or information from files and computers. An individual who has been wrongfully arrested for a crime may have his or her records expunged in the state of Nebraska. A petition must be filed to the district court with the criminal history record relating to the error. The granting of an expungement is at the discretion of the judge.