TIGHE LAW WEBSITE
I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills County, Monona County, Woodbury County, Harrison County and surrounding areas).
If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.
In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation, wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.
Earlier today I read a few articles regarding thefts, everything from thefts of cell phones to larceny and embezzlement, and wanted to address a few issues regarding Nebraska law on thefts in general.
According to Nebraska Revised Statute § 28-510. Consolidation of theft offenses, Nebraska has consolidated many "theft' offenses. Specifically "Conduct denominated theft in sections §§28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like."
Therefore, while defendants are still charged with "theft by receiving stolen property" or "theft by deception" under State v. Miner, 273 Neb. 837, 733 N.W.2d 891 (2007) when read Read in conjunction with § 28-510. Consolidation of theft offenses, theft by unlawful taking under section §28-511 is the same offense as theft by receiving stolen property under section §28-517.
However, as a defendant, when you are charged with a theft crime, the State will charge a specific crime (i.e., "theft by unlawful taking" or "shoplifting" or "theft of property lost, mislaid, or delivered by mistake, " etc, etc.) and that specific charge will correlate with the specific Nebraska Revised Statute. In other words, if someone is alleged to commit a shoplifting, the State will charge the Defendant with §28-511.01. Theft by shoplifting- and the State will be required to prove each and every element of that specific statute beyond reasonable doubt.
What are the Penalties for Theft in the State of Nebraska?
Nebraska Revised Statute §28-518. Grading of theft offenses;
(3) Theft constitutes a Class I Misdemeanor when the value of the thing involved is more than two hundred dollars, but less than five hundred dollars.
Class I Misdemeanor
If Convicted of a Class I Misdemeanor you face:
Maximum of up to one (1) year imprisonment (jail) or up to a $1000.00 fine or both.
(4) Theft constitutes a Class II Misdemeanor when the value of the thing involved is two hundred dollars or less.
Class II Misdemeanor
If Convicted of a Class II Misdemeanor you face:
Maximum of up to six (6) months imprisonment (jail) or up to a $1000.00 fine or both.
*(However, for any second or subsequent convictions the penalties increase)
** In future blogs I will explain in greater detail "theft" and Felony Theft and the various penalties.
Will I go to jail for "theft" in the State of Nebraska?
The Short answer is it depends on your situation and the Facts of your case. Going to Jail for a 'Theft' in Omaha, Douglas County any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer, like David Tighe.
(Again, every case is different due to facts and circumstances. Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.
Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.
The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.
I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.
Thank You
DavidTighe
402-981-6327
David@davidwtighe-law.com
If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rights. David Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.
Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com
or visit my website at
Dui lawyer Nebraska David Tighe
Twitter: @DavidTighelaw
Remember an Arrest or Citation is Not a Conviction
YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.
Defend Your Rights
No comments:
Post a Comment