Table of Contents
- Understanding Theft Charges in Nebraska
- What Counts as Theft in Lincoln, NE?
- Types of Theft Charges We Commonly See
- How Theft Cases Typically Start
- How Nebraska Classifies Theft Offenses
- Misdemeanor vs. Felony Theft: What’s the Difference?
- What Prosecutors Need to Prove in a Theft Case
- Why You Should Never Assume It’s “Minor”
- Common Mistakes to Avoid After Being Charged
- Your Legal Rights When Facing Theft Charges
- How Stockmann Law Builds a Strong Defense
- Defense Strategies That Actually Work
- Case Example: Shoplifting Charge Dismissed
- Can You Fight a First-Time Theft Offense?
- What to Expect at Court in Lincoln
- Alternatives to Jail: Pretrial Diversion and More
- Why Early Legal Action Makes All the Difference
- Federal Implications for Certain Theft Crimes
- FAQs
- Conclusion
Understanding Theft Charges in Nebraska
Facing theft charges in Lincoln, Nebraska can feel overwhelming and frightening, especially if it’s your first time involved in the criminal justice system. Whether you’re accused of shoplifting or business-related theft, these charges are serious and require immediate action.
At Stockmann Law, we’ve defended hundreds of clients across Lancaster County. From students to working professionals, everyone deserves the chance to protect their future. This guide explains what to expect and how we help fight for a clean record.
What Counts as Theft in Lincoln, NE?
Under Nebraska Revised Statute § 28-511, theft involves taking or controlling someone else’s property without permission and with the intent to permanently deprive the owner.
This includes shoplifting, using deception to obtain property, misusing entrusted assets like in embezzlement, receiving stolen items, or not returning borrowed property. Theft isn’t always obvious—it can involve actions that seem harmless but meet the legal definition.
Types of Theft Charges We Commonly See
Theft crimes in Lincoln, NE can take many different forms, and each type comes with its own legal challenges and potential penalties. At Stockmann Law, we’ve handled a wide range of theft-related charges, each requiring its own tailored defense strategy.
Common theft cases we see include shoplifting or retail theft, often arising from misunderstandings or mistaken identity. We also represent individuals accused of employee theft and embezzlement, which typically involve allegations of misusing access or violating trust in the workplace. These cases can be especially sensitive due to employer relationships and internal investigations.
Theft by deception or fraud is another category, where the accused may be charged with using false pretenses to obtain money or property. This overlaps with credit card fraud, check fraud, and misuse of financial instruments, which are increasingly common in both in-person and digital contexts.
Auto theft and possession of stolen vehicles or goods are serious offenses, particularly when linked to organized criminal activity or repeat offenses. We also handle theft charges stemming from civil or contractual disputes—cases where the disagreement may be more about misunderstanding than criminal intent.
Whether you're facing one charge or multiple, our legal team carefully reviews the facts, context, and evidence. We never assume guilt. Every case deserves a defense built on strategy, precision, and truth.
How Theft Cases Typically Start
Many theft cases start with a police report from a store, employer, or individual. Other times, a routine traffic stop reveals stolen items, or surveillance footage is used as evidence. Even civil disputes can sometimes lead to criminal complaints.
No matter how the case begins, what truly matters is your response. A wrong move early on—like speaking without counsel—can complicate your defense.
How Nebraska Classifies Theft Offenses
The severity of a theft charge in Nebraska depends on the value of the property involved and other factors like use of force or breach of trust. Charges range from misdemeanors to Class II felonies, with vastly different penalties.
Misdemeanors might involve fines or probation, while felony convictions can result in long prison sentences and a lifelong criminal record.
Misdemeanor vs. Felony Theft: What’s the Difference?
Theft is charged as a felony when the item’s value exceeds legal thresholds, or if the theft involves special circumstances such as targeting a vulnerable person or a pattern of repeated offenses. Prior theft convictions or evidence of deception may also elevate the charge.
A misdemeanor may still carry penalties like community service or jail time, but a felony can permanently impact your life, career, and freedom.
What Prosecutors Need to Prove in a Theft Case
To secure a conviction, prosecutors must prove that you took or controlled someone else's property, you lacked permission, and you intended to deprive them permanently.
Each of these elements can be challenged. Our job is to question the intent, ownership, or credibility of the evidence—and that’s often where cases begin to fall apart.
Why You Should Never Assume It’s “Minor”
Many people mistakenly believe that if they are charged with a minor theft offense, such as shoplifting or petty theft—it won’t have a lasting impact on their life. Unfortunately, that assumption couldn’t be further from the truth. Even low-level theft charges in Nebraska can result in a permanent criminal record, which may appear on background checks and affect employment, housing applications, and educational opportunities.
In addition to a criminal record, consequences can include driver’s license suspension, job termination or disqualification from future job opportunities, immigration complications for non-citizens, and loss of eligibility for federal student aid. These repercussions can be long-lasting and difficult to undo.
Another risk is that what seems like a “minor” charge can sometimes escalate. Prosecutors may add or elevate charges if there is evidence of intent, multiple offenses, or aggravating factors. What began as a simple misunderstanding could lead to felony-level consequences if not properly defended.
Fighting the charge from the outset is the best way to avoid these consequences. Seeking legal counsel early gives you the best chance of avoiding a conviction and keeping your record clean. Don’t assume a theft charge will go away on its own—proactive legal defense is essential.
Common Mistakes to Avoid After Being Charged
One of the biggest mistakes you can make is speaking to law enforcement or store security without an attorney present. Even seemingly harmless explanations can be twisted or used as evidence against you. You should never admit guilt, try to justify your actions, or attempt to “clear things up” without legal counsel guiding your responses.
Another common misstep is returning the allegedly stolen property in hopes that the problem will disappear. While returning items might be viewed favorably in some cases, it does not erase criminal liability. Charges can still proceed regardless of whether restitution has been made.
Failing to show up for court dates, ignoring legal documents, or posting about the incident on social media are also major errors. These actions can damage your credibility and make your legal situation much worse.
Finally, avoid rushing into a plea deal without fully understanding the consequences. A quick agreement might seem like the fastest path forward, but it can leave you with a permanent record, loss of rights, or unforeseen consequences down the road. Every plea decision should be carefully reviewed by an experienced defense attorney.
Your Legal Rights When Facing Theft Charges
When facing theft charges in Lincoln, NE, it's crucial to understand and exercise your constitutional rights. First and foremost, you have the right to remain silent. This means you are not required to answer any questions from police officers or investigators without an attorney present, and exercising this right cannot be used against you in court.
You also have the right to legal counsel. If you are questioned or arrested, you can request an attorney at any time. Speaking to law enforcement without legal guidance is risky and may lead to unintentional self-incrimination.
Additionally, you have the right to be informed of the charges against you, including what laws you’re accused of breaking and the potential consequences. The prosecution must provide formal notice, and you have the right to review all the evidence they plan to use in your case.
You are entitled to a fair and public trial, the opportunity to present a defense, and the ability to call witnesses on your behalf. You may also cross-examine witnesses brought by the prosecution. These legal protections are essential to ensure due process and protect you from wrongful conviction.
At Stockmann Law, we take these rights seriously. Our job is not just to defend your case, but to safeguard your rights at every stage—from pre-arrest investigations through trial. Ensuring your rights are upheld is the foundation of an effective legal defense.
How Stockmann Law Builds a Strong Defense
We take a strategic approach to each case. This includes reviewing all video, police reports, and witness statements. We examine how evidence was obtained and identify procedural errors or inconsistencies in the prosecution's case.
If dismissal isn’t possible, we pursue reduced charges or alternative outcomes—and we’re always ready to take the case to trial.
Defense Strategies That Actually Work
The most effective defense strategy depends entirely on the unique facts of your case. At Stockmann Law, we begin by identifying the prosecution’s weaknesses and evaluating every angle of your situation. Our goal is to dismantle the narrative presented against you and present a compelling counter-argument in your favor.
One powerful defense is demonstrating a lack of criminal intent. If you didn’t intend to steal or genuinely believed you had a right to the property, that undermines a key element of the theft charge. Similarly, mistaken identity is another common defense—especially in cases that rely on unclear surveillance footage or vague witness descriptions.
We also assess whether the evidence against you is weak, inconsistent, or inadmissible. For example, if law enforcement obtained evidence without a valid search warrant or violated your constitutional rights during questioning, we can file motions to suppress that evidence entirely.
Entrapment is another possible defense if you were pressured or manipulated by authorities into committing an act you otherwise wouldn’t have. In some cases, the situation may stem from a civil disagreement—such as a business dispute—rather than an actual criminal offense. Highlighting this distinction can be pivotal in getting charges dropped or reduced.
We tailor each defense strategy to the facts of the case, not a one-size-fits-all formula. Our mission is to tell your story, protect your rights, and expose the flaws in the prosecution’s case.
Case Example: Shoplifting Charge Dismissed
A university student was accused of shoplifting after being misidentified on video. We proved that the footage was unclear, lacked a timestamp, and that GPS and receipt data placed our client elsewhere.
The result? Charges were dismissed before trial, and the student’s record was sealed.
Can You Fight a First-Time Theft Offense?
Yes—and often with excellent outcomes. We’ve helped first-time clients enter diversion programs, avoid jail, and keep their records clean.
Don’t plead guilty just to “get it over with.” You have options that can protect your reputation and future.
What to Expect at Court in Lincoln
The process typically includes an initial appearance, pretrial hearings, discovery, and possible motions or trial. Your case will likely go through the Lancaster County Courthouse.
Each stage presents opportunities to challenge the charges or negotiate favorable terms, especially with experienced legal guidance.
Alternatives to Jail: Pretrial Diversion and More
First-time, non-violent offenders may qualify for pretrial diversion. Other options include community service, restitution agreements, deferred judgments, or court-supervised treatment programs.
We’ll help you explore every alternative that avoids jail time and long-term consequences.
Why Early Legal Action Makes All the Difference
The sooner you act, the better your chances. Early legal action lets us preserve evidence, correct false claims, and negotiate from a stronger position.
Waiting gives the prosecution time to build a case while you lose ground. We encourage clients to act quickly to improve outcomes.
Federal Implications for Certain Theft Crimes
Some theft cases can lead to federal charges, especially when stolen goods cross state lines, involve government funds, or relate to digital crimes, mail fraud, or identity theft.
We have the experience to defend clients in both state and federal court, ensuring comprehensive protection.
FAQs About How to Fight Theft Charges in Lincoln, NE
Is theft always a felony in Nebraska?
No, theft is not always considered a felony under Nebraska law. Whether you're charged with a misdemeanor or a felony largely depends on the facts of your case and the surrounding circumstances. Nebraska courts evaluate the situation holistically, especially when there are allegations involving prior convictions, breach of trust, or theft from vulnerable individuals. Legal representation is critical to assess how your specific case is classified and to pursue the most favorable resolution.
Can I go to jail for a first-time offense?
It’s possible to face jail time for a first-time theft offense in Nebraska, especially if the alleged crime involves a high-value item or certain aggravating circumstances. However, many first-time offenders are eligible for alternative programs such as pretrial diversion, probation, or deferred adjudication. These options can help avoid incarceration and reduce the long-term impact on your criminal record.
What if I didn’t mean to steal?
Intent is a crucial element in any theft case. If you did not have the intent to permanently deprive the owner of their property, your attorney may be able to argue lack of criminal intent as a valid defense. This can be particularly relevant in cases involving misunderstandings, confusion, or mental health issues.
Will this stay on my record forever?
Not necessarily. Depending on the outcome, your attorney may be able to get the charges dismissed, sealed, or expunged from your record. Pretrial diversion or deferred judgments can often lead to the removal of the charge, especially for first-time offenders who meet the court’s eligibility requirements.
What should I do right after being charged?
Your first step should always be to contact a qualified criminal defense attorney. Do not speak to law enforcement or anyone else about your case without legal counsel. Avoid posting on social media or making any statements, as these can be used against you later in court. Early legal intervention is key to preserving your rights and building a strong defense.
Conclusion
A theft charge in Lincoln, NE doesn’t have to define your future. With skilled legal guidance, you can protect your freedom, reputation, and opportunities.
At Stockmann Law, we bring decades of experience and a strong track record in defending theft cases. We’re committed to more than just winning—we’re here to safeguard your future.
Call (402) 884-1031 or visit NebraskaInterstateDrugDefense.com for a confidential consultation.
