Under Nebraska Statutes, criminal mischief is defined as:
- Intentionally or recklessly damaging the property of another,
- Intentionally tampering with someone else’s property so as to endanger the person or property, or
- Intentionally or maliciously causing another to suffer loss by deception or threat.
The charge and potential sentence you may face for criminal mischief depends on the value of the damage done and other specifics of your case.
Criminal Mischief Laws in Nebraska
Class IV Felony Criminal Mischief
Your criminal mischief charge may be a Class IV felony if you intentionally or maliciously cause loss of $1,500 or more or cause a substantial interruption or impairment of public transportation, communication, or utilities.
This offense is punishable by up to 5 years in prison and fines reaching $10,000.
Class I Misdemeanor Criminal Mischief
Criminal Mischief is considered a Class I misdemeanor when the damage done is more than $500 but less than $1,000. This offense carries a potential sentence of up to 1 year in jail and $1,000 in fines.
Class II Misdemeanor Criminal Mischief
You could face a Class II misdemeanor criminal mischief offense if the damage caused by your actions is between $200 and $500. This charge carries up to 6 months in jail and $1,000 in fines.
Class III Misdemeanor Criminal Mischief
The least serious criminal mischief offense, this applies when the loss is less than $200 or there is no financial loss at all. Class III misdemeanors carry a potential sentence of up to 3 months in jail and fines up to $500.
Ref: Neb. Rev. Stat. §28-519
Burning to Defraud Insurer – Laws & Penalties
If you burn any property (whether your own or someone else’s) for the purpose of defrauding an insurer( i.e. fraud related arson), you can be charged with this crime.
Burning to Defraud an Insurer is a serious Class IV felony. Class IV felonies carry a potential sentence of up to 5 years in prison and fines reaching $10,000.
Ref: Neb. Rev. Stat. §28-505