Nebraska Code § 28-106

Misdemeanors; classification of penalties; sentences; where served.
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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, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction:
Class I misdemeanor........Maximum — not more than one yearimprisonment, or one thousand dollarsfine, or bothMinimum — noneClass II misdemeanor.......Maximum — six months imprisonment, orone thousand dollars fine, or bothMinimum — noneClass III misdemeanor......Maximum — three months imprisonment,or five hundred dollars fine, or bothMinimum — noneClass IIIA misdemeanor.....Maximum — seven days imprisonment, fivehundred dollars fine, or bothMinimum — noneClass IV misdemeanor.......Maximum — no imprisonment, fivehundred dollars fineMinimum — noneClass V misdemeanor........Maximum — no imprisonment, onehundred dollars fineMinimum — noneClass W misdemeanor.......Driving under the influence or impliedconsentFirst conviction Maximum — sixty days imprisonment andfive hundred dollars fineMandatory minimum — seven daysimprisonment and five hundred dollarsfineSecond convictionMaximum — six months imprisonment andfive hundred dollars fineMandatory minimum — thirty daysimprisonment and five hundred dollarsfineThird conviction Maximum — one year imprisonment andone thousand dollars fineMandatory minimum — ninety daysimprisonmentand one thousand dollars fine
(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that such sentences may be served in institutions under the jurisdiction of the Department of Correctional Services if the sentence is to be served concurrently or consecutively with a term for conviction of a felony and the combined sentences total a term of one year or more. A determinate sentence shall be imposed for a misdemeanor if the sentence is to be served concurrently or consecutively with a determinate sentence for a Class III, IIIA, or IV felony.

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