The basics of the law are found in Neb. This is just the tip of the iceberg. State v. Russell, 291 Neb. There may be other issues with how the evidence against you was obtained. Maximum - five years imprisonment, or ten thousand dollars fine, or both. Regardless of the crime, all Class IV felonies carry with them a maximum sentence of 5 years, $10,000 fine or both. This section does not impose a mandatory minimum term of incarceration for persons convicted of a Class II felony. A Class IV Felony carries up to two years in prison and nine to 12 months of post-release supervision and/or up to a $10,000 fine. 605, to penalties for Class IV felony convictions under section 29-2204.02. A Quick Guide to Class 4 Felony Drug Possession in Nebraska, Nebraska Marijuana Laws: Your Guide to Charges and Penalties for Pot, Possession of Controlled Substance Nebraska. Technically, you can be charged for possession if you have a pipe with residue on it as long as there is enough residue to test. Criminal Statute of Limitations Nebraska law requires that a criminal prosecution begin within a certain amount of time after a crime is committed or believed to have been committed. (2) If the criminal offense is a Class IV felony, the court shall impose a sentence of probation unless: A second or subsequent conviction under this subsection is a Class IV felony. 826, 677 N.W.2d 502 (2004). In states that numerically categorize felonies, the state criminal code will describe exactly which crimes fit into each category. Class III, IIIA and IV felonies can result in fines between $10,000-$25,000, as well as prison terms between three to four years. State v. Benavides, 294 Neb. On the other hand, possession of any drug in Schedules IV or V, can be charged with a class IIIA felony. This means that possession of Oxycodone, Hydrocodone, Codeine, or other prohibited “Schedule 2” drugs without a prescription is a felony. (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: (2) All sentences for maximum terms of imprisonment for one year or more for felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. State v. Minnick, 22 Neb. A class 4 felony drug possession charge in Nebraska usually means that you have been charged with Possession of a Controlled Substance. Under the provisions of this section and section 28-304(2), a court is not authorized to sentence one convicted of second degree murder to an indeterminate sentence, but must sentence such a person to imprisonment either for life or for a definite term of not less than 10 years. Get free access to the complete judgment in PEOPLE v. MONTOYA on CaseMine. Section 29-2204 and subsection (4) of this section do not require a sentence for a Class IV felony to have a minimum term less than the maximum term. (5) All sentences of post-release supervision shall be served under the jurisdiction of the Office of Probation Administration and shall be subject to conditions imposed pursuant to section 29-2262 and subject to sanctions authorized pursuant to section 29-2266.02. Usually Possession of a Controlled Substance is a Class IV Felony in Nebraska. “Intent to deliver” basically means that you are caught carrying an amount of drugs that signals you may be trying to sell, distribute, or dispense of them, rather than just for personal use. See this post on Nebraska marijuana laws to see the range of penalties for getting caught with weed. If you are in Nebraska and have been charged with a class IV felony drug charge, you can call us for a free consultation and case review. Laws, L.B. State v. Hamik, 262 Neb. Class IV felony – maximum of five years imprisonment and/or a $10,000 fine with no minimum. For example, the penalties can be increased if you are arrested on a playground or near a school. The nonretroactive provision of subsection (7) of this section applies to the changes made by 2015 Neb. It may be possible to challenge the legality of the search of your person, home or car. State v. Gray, 259 Neb. Stat. Possession of more than 1 pound is a class IV felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000. A felony criminal charge is not something you should mess around with. Either check out our Contact Us page or just call at 402-704-7529. Depending on which “schedule” the drug you possess falls into, it can have an impact on what you are charged with. State v. Gales, 265 Neb. Possession of edibles, or consumable foods, teas or other products containing marijuana or THC concentrate are a Class IV felony in Nebraska, punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000. This applies to any drug considered a “controlled substance” by law. In addition, the penalties can be increased based on the quantity of certain drugs or the location of the person charged. (12) Any person knowingly or intentionally possessing marijuana weighing more than one pound shall be guilty of a Class IV felony. 882, 479 N.W.2d 134 (1992). He believes in working hard for his clients and fighting for the best results for them. The law is much more harsh on people suspected of selling drugs. The most common would be methamphetamine, cocaine, heroin, concentrated cannabis, and most commonly abused prescription pills like opiods and Xanax. Class IIIA felonies carry a possible punishment of up to three years … Any felony charge is a serious issue. If the value of the thing stolen is $1,500 or more, theft offenses are classified as felonies in Nebraska. Legal defenses or strategies vary based on the facts of each case, but there are always things to look out for in most drug cases. The geographic limitations on the Specialized Substance Abuse Supervision program do not violate the Equal Protection Clause because the program is rationally related to the State's interests. They can also help guide you through the process and help relieve some of your anxiety as you work your way through the system. There's an 18-month time limit for most misdemeanors. Assault against a law enforcement officer Other issues include the chemical makeup of the substance you are charged with, the issue of possession, or the credibility of the witnesses involved. (11) Any person knowingly or intentionally possessing marijuana weighing more than one ounce but not more than one pound shall be guilty of a Class III misdemeanor. Therefore, the level of an offense cannot be changed by anyone, including the prosecutor. App. § 29-4011 (Reissue 2008). Minimum - none. You have a Constitutional right to represent yourself in any criminal proceeding, but in most cases with a felony you will want a pro in your corner. Drug charges in Nebraska can range from minor infractions to serious felonies. Class IV felonies carry a possible punishment of up to two years in prison and 12 month post-release supervision and/or up to a $10,000 fine. A class 4 felony drug possession charge in Nebraska usually means that you have been charged with Possession of a Controlled Substance. Sometimes this felony is the lowest level felony that can be committed in a region, and other times there are classes below, like 5 and 6, that represent less serious crimes, albeit still felony … Penalties for Felony Assault in Nebraska. View Statute 29-2204.01. Class IV felony – up to 5 years in prison or a fine up to $10,000, or both. What is Class 4 (IV) Felony Drug Possession in Nebraska? 907, 865 N.W.2d 117 (2015). (e) A person found guilty of violating this section may, in addition to the penalties under this subsection, be ordered to make restitution pursuant to sections 29-2280 to 29-2289. 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 nine months: post-release supervision if imprisonment is imposed: Class IV felony: Maximum—two years imprisonment and twelve: months post-release supervision or State v. Cook, 251 Neb. Rev. 781, 559 N.W.2d 471 (1997). Nebraska's Motor Vehicle (Vehicular) Homicide Laws and Penalties ... A motor vehicle homicide offense that involves reckless driving is a class IIIA felony. Possession of a Controlled Substance is the common name given to most drug charges in Nebraska. Under subsection (2) of this section, sentences of less than 1 year shall be served in the county jail, whereas sentences of 1 year or more for Class IIIA felonies shall be served in institutions under the jurisdiction of the Department of Correctional Services. 693, 300 N.W.2d 201 (1981). (3) It shall be an affirmative defense to a charge made pursuant to subsection (2) of this section that: The penalty for a Class IV Felony Drug Possession ranges from probation to a maximum of 2 years in prison and up to a $10,000 fine. Possession of methamphetamine is a Class IV Felony as long as the quantity doesn’t reach a certain amount. State v. Russell, 291 Neb. The prosecution will try to use these factors to prove that you are a drug dealer. A defendant found guilty of a Class III felony does not have an equal protection right to a Specialized Substance Abuse Supervision evaluation when such defendant fails to show that he was similarly situated to felony drug offenders who were eligible for the program. Read Bakersfield Californian Newspaper Archives, Apr 20, 1923, p. 1 with family history and genealogy records from bakersfield, california 1875-2017. ; Conviction: A judgement of guilt against a criminal defendant. Rev. Where maximum allowable sentence is five years, an indeterminate sentence of two to five years is excessive and must be modified to a sentence of not less than one year eight months nor more than five years. On the flip side, even the smallest quantity can be a felony. Assault in the first degree. Tim Sopinski is a lawyer that helps people with criminal defense and car accident injury claims. (a) Impose a determinate sentence of imprisonment within the applicable range in section 28-105 ; and (b) Impose a sentence of post-release supervision, under the jurisdiction of the Office of Probation Administration, within the applicable range in section 28-105 . Convicted felons lose certain civil rights like the right to vote and own firearms. Find local businesses, view maps and get driving directions in Google Maps. State v. Weaver, 267 Neb. State v. Conover, 270 Neb. What is Class 4 Felony Drug Possession in Nebraska? Arrest: Taking physical custody of a person by lawful authority. There are usually no time limits for murder or other serious felonies. Not only do you face the chance of being put in jail or prison, the felony conviction will have lasting effects on your life. 897, 612 N.W.2d 507 (2000). Pursuant to subsection (2) of this section, the district court lacks statutory authority to sentence a defendant convicted of a Class III felony to a term of imprisonment in the county jail. An experienced criminal defense attorney will be able to spot potential issues and defenses. Frey pled not … had failed to notify the sheriff of Seward County, in writing, of his new address within 5 working days after the address change. Depending on the drug involved, the intent to distribute boosts the penalty. A person convicted of a felony for which a mandatory minimum sentence is prescribed is not eligible for probation. Generally, the state looks at circumstantial evidence to determine your intent, such as quantity, equipment and supplies found, the place it was found, the packaging, and witness testimony. Possession of prescription drugs, without a valid prescription, is violating Nebraska law regarding ‘Schedule 2” controlled substances. Ann. This is the lowest grade felony drug charge under Nebraska law. § 28-105 of the Nebraska Revised Statutes Web Search. 902, 884 N.W.2d 923 (2016). (4) A person convicted of a felony for which a mandatory minimum sentence is prescribed shall not be eligible for probation. 33, 863 N.W.2d 813 (2015). § § 28-308, 28-105.) (11) Any person knowingly or intentionally possessing marijuana weighing more than one ounce but not more than one pound shall be guilty of a Class III misdemeanor. Stat. Class IIIA: Felonies in this class include crimes such as terroristic threats, the manufacture or distribution of certain drugs and criminal child enticement. (4) Criminal attempt is: (a) A Class II felony when the crime attempted is a Class I, IA, IB, IC, or ID felony; (b) A Class IIA felony when the crime attempted is a Class II felony; (c) A Class IIIA felony when the crime attempted is a Class IIA felony; (d) A Class IV felony when the crime attempted is a Class III or IIIA felony; All crimes for each category have the same minimum and maximum potential sentences. Any second conviction under this subdivision is a Class I misdemeanor, and any third or subsequent conviction under this subdivision is a Class IV felony. Possession of marijuana is handled differently. However, some general guidelines are that meth possession can get anywhere from 5 years- life. While it may be ok to represent yourself on a minor infraction, once you are facing a felony there is a lot at stake. The change of the minimum penalty for first degree murder from life imprisonment to life imprisonment without parole is presumed to be an increase in the minimum penalty that cannot be applied to acts committed prior to the change without violating constitutional ex post facto principles. The State alleged that in February 2008, Frey . State v. Bosak, 207 Neb. For purposes of the authorized limits of an indeterminate sentence, both "mandatory minimum" as used in section 28-319.01(2) and "minimum" as used in this section in regard to a Class IB felony mean the lowest authorized minimum term of the indeterminate sentence. 446, 703 N.W.2d 898 (2005). 28-202 Criminal conspiracy to commit a Class IB felony 28-304 Murder in the second degree 28-319.01 Sexual assault of a child in the first degree 28-319.01 Sexual assault of a child in the first degree with prior sexual assault conviction 28-392 Murder of an unborn child in the second degree (3)(a) If the proximate cause of the death of another is the operation of a motor vehicle in violation of section 60-6,213 or 60-6,214, motor vehicle homicide is a Class IIIA felony. Lots of crimes can be considered Class IV felonies in Nebraska. 172, 893 N.W.2d 421 (2017). (2) All sentences of imprisonment for Class IA, IB, IC, ID, II, and III felonies and sentences of one year or more for Class IIIA and IV felonies shall … 291, 450 N.W.2d 684 (1990). (6) Any person who is sentenced to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony and sentenced concurrently or consecutively to imprisonment for a Class III, IIIA, or IV felony shall not be subject to post-release supervision pursuant to subsection (1) of this section. The Legislature lacked constitutional authority to amend the language of the statutory penalty for a Class IA felony by inserting the phrase "without parole" after "life imprisonment" during the 2002 special session. § 28-416 of the Nebraska Revised Statutes Web Search. For instance, possession of any controlled substance in Schedules I, II, or III, can be charged with a class II or IIA felony. All sentences for maximum terms of imprisonment of less than one year shall be served in the county jail. (3) Nothing in this section shall limit the authority granted in sections 29-2221 and 29-2222 to increase sentences for habitual criminals. 28-416. The level of felony can increase based on certain factors outlined in the next section. County jail was not under the jurisdiction of the Department of Correctional Services; therefore, it was plain error for district court to sentence defendant convicted of Class III felony to term in county jail. Depending on the circumstances of your specific case, there can be different classifications of felonies that apply. 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