Facing theft charges in Nebraska can be intimidating. Whether you're accused of felony-level theft or a misdemeanor like shoplifting, the consequences can be serious. A theft conviction may affect your employment, housing, financial stability, and personal relationships. The legal process can be confusing and fast-moving, and the decisions you make early on can shape the outcome of your case. If you’ve been charged with a theft crime, seeking legal help quickly is essential.
Working with an experienced criminal defense attorney in Nebraska can make all the difference. At McGill Law’s Defense Division, our attorneys help clients understand the charges against them, build a strong defense, and work to reduce the long-term consequences of a criminal case. Whether this is your first charge or you have a prior conviction, your rights and future deserve strong, smart advocacy.
What Counts as Theft Under Nebraska Law?
Under Nebraska Revised Statute §28-511, theft is defined as the unlawful taking or withholding of property with the intent to permanently deprive the owner of it. This can include damaging, disposing of, or concealing property in a way that makes it impossible or difficult for the owner to recover it. While most people think of shoplifting or physical theft, Nebraska law also recognizes theft by deception, false pretenses, embezzlement, extortion, and receiving stolen property.
Theft can also include unauthorized use of a vehicle or keeping property you know was stolen. These types of charges can carry serious penalties, and working with a Nebraska theft lawyer can help clarify exactly how the law applies to your case.
Nebraska Theft Charges: Classifications and Penalties
In Nebraska, theft charges are classified primarily by the value of the property involved. The greater the value, the more serious the charge—and the more severe the potential punishment.
Felony Theft Charges
Class IIA Felony
Applies when the stolen property is valued at $5,000 or more
Punishable by up to 20 years in prison (no minimum sentence)
Class IIA Felony
Applies when the stolen property is valued between $1,500 and $4,999
Penalty includes up to 2 years in prison, 12 months of post-release supervision, and/or a $10,000 fine
Misdemeanor Theft Charges
Class I Misdemeanor
Applies when the value is between $500 and $1,499
Punishable by up to 1 year in jail and/or a $1,000 fine
Class II Misdemeanor
Applies when the value is less than $500
Punishable by up to 6 months in jail and/or a $1,000 fine
Other Theft-Related Charges
Some offenses—such as embezzlement or the unauthorized use of a vehicle—may be charged differently. In these cases, the classification may depend on the circumstances, not just the dollar amount involved.
If you’ve been charged with any theft-related offense in Nebraska, it’s important to consult with a criminal defense attorney in Lincoln or Omaha. A qualified lawyer can explain how the law applies to your specific situation, help you understand your options, and work to protect your rights moving forward.
The Impact of Prior Theft Convictions
If you’ve previously been convicted of a theft offense in Nebraska, a second or third charge could lead to enhanced penalties. The court may classify the new charge at a higher level than usual, increasing the potential jail time, fines, and other consequences. Repeat theft charges are taken seriously, and prosecutors often push for harsher outcomes in these cases.
That’s why it’s especially important to talk to a lawyer, even if the current charge seems minor. A misdemeanor theft charge could be treated as a felony if you have a history of similar offenses. A knowledgeable Nebraska theft defense attorney can review your record, explain how it might affect your case, and work to mitigate the potential consequences.
What to Do If You’re Facing a Theft Charge in Nebraska
If you’ve been charged with theft—whether it’s shoplifting in Lincoln, embezzlement in Omaha, or any other theft offense—it’s essential to act quickly. The sooner you speak with a lawyer, the more time you’ll have to build a strong defense. Your attorney can review the evidence, challenge any weaknesses in the case, negotiate with prosecutors, and help you understand whether a reduction, dismissal, or diversion program is possible.
Even a low-level theft conviction can have long-lasting consequences. It’s worth taking every step you can to protect your record, your future, and your peace of mind.
Talk to a Criminal Defense Attorney at McGill Law
At McGill Law’s Defense Division in Lincoln, we defend clients across Nebraska facing theft and other criminal charges. We understand the stress of criminal accusations, and we’re here to provide experienced, compassionate, and strategic defense. If you're facing misdemeanor or felony theft charges in Nebraska, schedule a consultation today to learn how we can help.
Frequently Asked Questions
What is considered theft in Nebraska?
Theft in Nebraska involves unlawfully taking or withholding someone else’s property with the intent to permanently deprive them of it. This includes shoplifting, embezzlement, theft by deception, receiving stolen property, and unauthorized use of a vehicle or other property.
What are the penalties for theft in Nebraska?
Penalties vary based on the value of the stolen property. Theft under $500 is a misdemeanor, while theft over $5,000 is a felony that may carry up to 20 years in prison. Charges and penalties can also vary based on the item taken or prior convictions.
Can theft be charged as a felony in Nebraska?
Yes. Theft becomes a felony when the value of the stolen property is $1,500 or more. Certain types of theft—like vehicle theft or embezzlement—may also be charged as felonies regardless of value.
What if I have a prior theft conviction?
A previous conviction can increase the severity of your current charge. In Nebraska, repeat theft offenses are subject to enhanced penalties, including potential felony classification and longer jail sentences.
What should I do if I’m facing theft charges?
Speak with a criminal defense attorney as soon as possible. Legal counsel can help you understand the charges, review your history, and build a strategy to protect your rights and limit long-term consequences.