Nebraska Burglary Penalties (2026)
Burglary and breaking-and-entering charges charges in Nebraska: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing burglary charges in Nebraska, consult a licensed Nebraska criminal defense attorney.
Nebraska Burglary Penalties
| Offense | Penalty |
|---|---|
| First Offense | Class IIA felony: up to 20 years prison |
| Second Offense | Class II felony (aggravated): 1–50 years prison |
Neb. Rev. Stat. §28-507; all burglary is felony; aggravated involves weapon or injury
Burglary Statute of Limitations in Nebraska
In Nebraska, the statute of limitations for theft and property crimes is generally 3 years.
Defending Against Burglary Charges in Nebraska
Common defenses in Nebraska burglary cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a Nebraska criminal defense attorney for advice.
Related Nebraska Laws
DUI / DWI
Marijuana Possession
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication