Felony Defense Lawyer in Omaha, Nebraska
Few criminal charges in Omaha carry consequences as serious as a felony.
A felony conviction can affect nearly every aspect of your life, not only your freedom, but also your career, your reputation, your family, and your future. Depending on the offense, a conviction may result in years, or even life, in prison, substantial fines, lengthy probation or post-release supervision, and the permanent loss of important civil rights.
If you’ve been charged with a felony in Omaha or anywhere else in Nebraska, now is the time to take the allegations seriously.
At Miltenberger Law Offices, we defend individuals accused of serious felony offenses throughout Omaha, Douglas County, and across Nebraska. Whether you’re facing allegations involving violent crimes, drug offenses, weapons charges, fraud, theft, or a federal investigation, our goal is the same: protect your constitutional rights and pursue the best possible outcome.
If you’ve been arrested, believe you’re under investigation, or have been formally charged with a felony, call (402) 217-2267 or contact us online to speak with an experienced Omaha felony defense attorney.
Because when you’re facing a felony, every decision matters.
What Is a Felony in Nebraska?
In Nebraska, criminal offenses are generally divided into two categories: misdemeanors and felonies.
While misdemeanors typically involve shorter jail sentences and less severe penalties, felonies carry the possibility of imprisonment in the Nebraska Department of Correctional Services and can create lifelong consequences long after a sentence has been completed.
Under Nebraska Revised Statute § 28-105, there are 10 classes of felonies, ranging from Class IV (least severe) to Class I (the death penalty).
A felony conviction in Omaha may affect:
- Employment opportunities
- Professional licensing
- Housing applications
- Educational opportunities
- Firearm rights
- Immigration status
- Child custody matters
- Your permanent criminal record
If you’d like to learn more about the differences between felony and misdemeanor offenses, see our guide explaining felonies vs. misdemeanors in Nebraska.
Nebraska Felony Classifications and Penalties
The potential penalties of a felony vary depending on the offense, criminal history, and other circumstances surrounding the case.
| Felony Class | Maximum Penalty | Minimum Penalty |
|---|---|---|
| Class I | Death | Death |
| Class IA | Life Imprisonment | Life Imprisonment |
| Class IB | Life Imprisonment | 20 Years |
| Class IC | 50 Years | 5 Years |
| Class ID | 50 Years | 3 Years |
| Class II | 50 Years | 1 Year |
| Class IIA | 20 Years | No Minimum |
| Class III | 4 Years + Post-Release Supervision | Probation |
| Class IIIA | 3 Years + Post-Release Supervision | Probation |
| Class IV | 2 Years + Post-Release Supervision | Probation |
Because sentencing can be affected by prior convictions, mandatory minimum statutes, and sentence enhancements, it’s important to understand the specific penalties that apply to your case.
Examples of Common Nebraska Felony Charges
Nebraska’s felony classification system covers a wide range of criminal offenses. While every case in Omaha is unique, understanding how certain crimes are classified can provide a better sense of the potential penalties and why experienced legal representation is so important.
Class I & Class IA Felonies
Class I and Class IA felonies represent the most serious offenses under Nebraska law. These classifications are generally reserved for first-degree murder convictions. A Class I felony may carry the death penalty in cases where capital punishment is authorized, while a Class IA felony is punishable by life imprisonment when the death penalty is not sought or cannot legally be imposed, such as in cases involving juvenile offenders.
Class IB & Class IC Felonies
These felony classifications involve some of Nebraska’s most serious violent offenses. Crimes such as first-degree sexual assault of a child and certain aggravated robbery allegations may fall within these categories, exposing defendants to lengthy mandatory prison sentences and decades behind bars if convicted.
Class II & Class IIA Felonies
Many serious felony offenses, including manslaughter, second-degree assault, and numerous drug-related crimes, are classified as Class II or Class IIA felonies. Although these offenses may not carry mandatory life sentences, they can still result in years or even decades of imprisonment depending on the facts of the case and the defendant’s criminal history.
Class III, IIIA, & IV Felonies
Nebraska’s lower-level felony classifications still carry significant consequences. Certain theft offenses, repeat domestic violence allegations, drug offenses, fraud-related crimes, and other property crimes may be charged as Class III, IIIA, or IV felonies. While these offenses often involve shorter potential prison sentences than higher-level felonies, a conviction can still leave a person with a permanent felony record, substantial fines, probation or post-release supervision, and lasting consequences for employment, housing, and firearm rights.
In some situations, lower-level felony cases may qualify for diversion programs, specialty courts, negotiated plea agreements, or other alternatives to incarceration. Whether those options are available depends on the specific charges, the facts of the case, and the individual’s criminal history.
Common Felony Charges Our Team Defends in Omaha
Miltenberger Law represents clients charged with a wide variety of felony offenses in Omaha and across Nebraska.
Drug Crimes
Drug offenses remain among the most frequently prosecuted felony crimes in Omaha. Depending on the allegations, charges may involve simple possession, possession with intent to distribute, trafficking, conspiracy, manufacturing controlled substances, or federal drug investigations.
Violent Crimes
Violent felony allegations often carry some of Nebraska’s harshest penalties. These cases frequently involve extensive investigations, forensic evidence, witness testimony, and significant prison exposure.
Weapons & Firearm Offenses
Firearm offenses range from prohibited possession to allegations involving firearms during the commission of another felony. Some cases remain in state court, while others may be prosecuted federally.
Property Crimes
Property-related felony offenses often involve allegations that someone unlawfully took, damaged, or obtained another person’s property. Depending on the circumstances, prosecutors may pursue significant prison sentences and restitution.
Other Serious Felony Cases
Our firm also represents clients facing numerous other felony allegations, including cases involving juveniles, probation violations, protection orders, and other serious criminal offenses:
What Happens After a Felony Arrest in Omaha?
Many people have never been through the criminal justice system before. Understanding what comes next can help reduce uncertainty during an already stressful time.
Although every case is different, felony prosecutions often follow a similar path:
- Arrest or criminal citation
- Bond hearing or initial appearance
- Formal charging decision
- Discovery and evidence exchange
- Pretrial motions
- Plea negotiations or trial
- Sentencing, if convicted
Throughout this process, an experienced Omaha felony defense attorney can challenge the government’s evidence, negotiate with prosecutors, file constitutional motions, and prepare your case for trial if necessary.
Can a Felony Be Reduced to a Misdemeanor?
Sometimes. Not every felony charge ultimately results in a felony conviction.
Depending on the evidence, the applicable law, your criminal history, and the circumstances surrounding the alleged offense, prosecutors may agree to reduce certain felony charges as part of a negotiated resolution. In other cases, weaknesses in the government’s evidence may create opportunities to seek dismissal or an acquittal at trial.
Whether a reduction is possible depends on numerous factors, including:
- The strength of the prosecution’s evidence
- Your prior criminal history
- The seriousness of the alleged offense
- Whether anyone suffered injuries
- Your willingness to complete treatment or diversion programs when available
- The policies of the prosecuting attorney’s office
Every case is unique.
One of the first things an experienced Omaha felony defense attorney should evaluate is whether opportunities exist to reduce the charges, negotiate a favorable resolution, or aggressively contest the allegations in court.
Common Defenses to Omaha Felony Charges
No two felony cases are exactly alike.
The most effective defense depends on the facts, the evidence, and the specific charges involved. At Miltenberger Law, we carefully evaluate every aspect of the government’s case before determining the best strategy moving forward.
Illegal Search and Seizure
The Fourth Amendment protects individuals against unreasonable searches and seizures. If law enforcement officers violated your constitutional rights while obtaining evidence, that evidence may be suppressed and excluded from trial.
Lack of Possession
Many felony cases involve allegations that drugs, firearms, or other illegal items were found in a vehicle, residence, or shared space. Simply being near alleged contraband does not automatically establish legal possession.
Mistaken Identity
Eyewitnesses sometimes make mistakes, especially during stressful situations. Surveillance footage, digital evidence, forensic testing, and independent witnesses may tell a very different story than the initial police report.
Self-Defense
Some violent crime allegations arise after a person acts to protect themselves or another individual. Whether self-defense applies depends on the facts of the case.
Insufficient Evidence
The government must prove every element of every felony offense beyond a reasonable doubt.
If the evidence is incomplete, inconsistent, unreliable, or based primarily on speculation, the defense may challenge whether prosecutors have met that burden.
False Allegations
Unfortunately, not every criminal accusation is accurate.
Misunderstandings, personal disputes, mistaken assumptions, and false accusations can all lead to felony investigations. A thorough review of the evidence is often necessary to uncover the full story.
Collateral Consequences of a Felony Conviction in Omaha
For many people, the sentence imposed by the court is only part of the punishment.
A felony conviction in Omaha can continue affecting your life long after probation ends or you’ve completed a prison sentence.
Potential collateral consequences may include:
- Difficulty obtaining employment
- Loss of professional licenses
- Housing challenges
- Loss of firearm rights
- Immigration consequences for non-citizens
- Difficulty obtaining certain educational opportunities
- Challenges securing loans or professional certifications
- Damage to your personal and professional reputation
- Potential consequences in child custody or family law matters
Because these consequences can last for years, or even a lifetime, it’s important to speak to an Omaha felony defense lawyer and carefully consider every available defense before deciding how to resolve a felony case.
Why Early Legal Representation Matters in Omaha, NE
Many people believe they should wait until formal charges are filed before hiring an attorney.
In many situations, that’s a mistake.
The earlier an Omaha felony defense attorney becomes involved, the greater the opportunity to protect your rights, preserve favorable evidence, identify witnesses, and communicate with investigators or prosecutors before the case progresses.
Early representation may also help:
- Prevent damaging statements to law enforcement
- Protect important constitutional rights
- Preserve surveillance footage before it is deleted
- Locate favorable witnesses
- Review search warrants and police reports
- Develop an effective defense strategy from the beginning
Whether you’ve already been arrested or simply believe you’re under investigation, speaking with a skilled Omaha criminal defense attorney as early as possible is often one of the most important decisions you can make.
Nebraska Felony Defense Resources
- Nebraska Criminal Statutes: Search Nebraska’s criminal code, including felony offenses, sentencing laws, and definitions. This is the official source for Nebraska criminal statutes used by prosecutors, judges, and defense attorneys.
- Nebraska Judicial Branch: Learn more about Nebraska’s court system, criminal case procedures, court forms, and judicial resources for defendants and their families.
- Douglas County District Court: Felony prosecutions in Omaha are generally handled in the Douglas County District Court. Visit the court’s website for case information, local rules, and hearing schedules.
- Nebraska Commission on Law Enforcement and Criminal Justice: Explore statewide crime statistics, criminal justice initiatives, victim services, and research on Nebraska’s criminal justice system.
- Vera Institute of Justice: This national nonprofit researches criminal justice policy, sentencing practices, incarceration, and rehabilitation efforts throughout the United States, providing valuable context on how felony cases can affect individuals and communities.
- Nebraska Department of Correctional Services: Explore specifics regarding the state’s correctional facilities and services.
Frequently Asked Questions About Felony Charges in Omaha
What is considered a felony in Nebraska?
A felony is a criminal offense that carries the potential for imprisonment in the Nebraska Department of Correctional Services. Felonies are generally more serious than misdemeanors and often involve harsher penalties and long-term consequences.
Can a felony charge be dismissed?
Yes. Depending on the facts, a felony case may be dismissed because of insufficient evidence, constitutional violations, witness credibility issues, or other legal defenses.
Can a felony in Omaha be reduced to a misdemeanor?
In some situations, yes. Prosecutors may agree to reduce charges during plea negotiations, or the evidence may support conviction of a lesser offense instead of the original felony allegation.
Will I go to prison if I’m charged with a felony in Omaha?
Not necessarily. Every case is different. The potential sentence depends on the offense, your criminal history, Nebraska sentencing laws, and the facts surrounding the alleged crime.
Should I speak with the police if I’m under investigation?
No. Before answering questions from law enforcement, it’s generally advisable to consult an experienced criminal defense attorney in Omaha. Statements made during an investigation may later be used as evidence.
Can a felony conviction affect my job in Omaha?
Yes. A felony conviction may appear on background checks and affect employment opportunities, professional licensing, housing, and other aspects of daily life.
How long do felony cases take?
Some felony cases resolve in a matter of months, while others, particularly complex or high-level felony prosecutions, may take considerably longer depending on the evidence, court schedule, and whether the case proceeds to trial.
When should I hire a felony defense attorney in Omaha?
As soon as possible. Early legal representation often provides the greatest opportunity to protect your rights, preserve evidence, and begin building an effective defense strategy.
Why Choose Miltenberger Law Offices?
Being charged with a felony can feel overwhelming, but you don’t have to face the criminal justice system alone.
At Miltenberger Law Offices, we understand what’s at stake. We carefully investigate the facts, examine the government’s evidence, challenge unlawful police conduct, negotiate aggressively when appropriate, and prepare every case as though it could ultimately be decided by a jury.
Whether you’re facing allegations involving drugs, firearms, violence, theft, fraud, or another serious offense, we’re committed to protecting your rights and helping you pursue the best possible outcome.
Speak With a Miltenberger Law Omaha Felony Defense Lawyer Today
A felony charge doesn’t automatically mean a conviction.
The decisions you make today can significantly affect your future.
If you’ve been arrested, charged, or believe you’re under investigation for a felony offense anywhere in Omaha or across Nebraska, don’t wait to seek experienced legal guidance.
Call (402) 217-2267 or contact Miltenberger Law online today to schedule a confidential consultation with an experienced Omaha felony defense attorney.
Because your future deserves a strong defense.
