What is a Class 4 Felony in Nebraska?
In the state of Nebraska, a Class 4 felony is a type of criminal offense that is considered to be less serious than a Class 1, 2, or 3 felony, but more serious than a misdemeanor. Class 4 felonies are punishable by a term of imprisonment ranging from 2 to 10 years, and may also result in fines.
What is the Definition of a Class 4 Felony in Nebraska?
A Class 4 felony is defined in Nebraska Revised Statute 28-105 as a felony that is punishable by a term of imprisonment of not more than 10 years. Class 4 felonies are considered to be less serious than Class 1, 2, and 3 felonies, which are punishable by a term of imprisonment of 20 years or more.
Examples of Class 4 Felonies in Nebraska
Some examples of Class 4 felonies in Nebraska include:
- Forgery: The intentional alteration or falsification of a writing, signature, or other document with the intent to deceive or defraud another person.
- Criminal Mischief: The intentional damage or destruction of property with the intent to cause damage or loss to another person.
- Theft by receiving stolen property: The knowing receipt or possession of stolen property with the intent to retain or conceal it.
- Perjury: The intentional making of a false statement under oath in a legal proceeding.
- Tampering with a witness: The intentional tampering with or intimidation of a witness in a legal proceeding.
Penalties for Class 4 Felonies in Nebraska
The penalties for a Class 4 felony in Nebraska may include:
- Imprisonment: A term of imprisonment ranging from 2 to 10 years.
- Fines: A fine of up to $50,000.
- Probation: A period of probation, which may include community service, counseling, or other conditions.
Sentencing Guidelines for Class 4 Felonies in Nebraska
In Nebraska, the sentencing guidelines for Class 4 felonies are as follows:
| Offense | Base Offense Level | Sentence Range |
|---|---|---|
| Forgery | 2 | 2-10 years |
| Criminal Mischief | 2 | 2-10 years |
| Theft by receiving stolen property | 2 | 2-10 years |
| Perjury | 2 | 2-10 years |
| Tampering with a witness | 2 | 2-10 years |
Aggravating and Mitigating Circumstances
In Nebraska, the court may consider aggravating and mitigating circumstances when sentencing a defendant for a Class 4 felony. Aggravating circumstances may include:
- Previous convictions: A prior conviction for a felony or misdemeanor.
- Use of a weapon: The use of a weapon during the commission of the offense.
- Bodily harm: The infliction of bodily harm on another person during the commission of the offense.
Mitigating circumstances may include:
- Lack of prior criminal history: A lack of prior criminal history or a record of good behavior.
- Mental health issues: The defendant’s mental health issues or a history of mental health treatment.
- Duress or coercion: The defendant’s actions were motivated by duress or coercion.
Conclusion
In conclusion, a Class 4 felony in Nebraska is a serious criminal offense that is punishable by a term of imprisonment ranging from 2 to 10 years. The penalties for a Class 4 felony may also include fines and probation. The sentencing guidelines for Class 4 felonies in Nebraska are set forth in the Nebraska Sentencing Guidelines Commission’s guidelines, and the court may consider aggravating and mitigating circumstances when sentencing a defendant.
