Habitual criminal

[Blessednstressd]

Nebraska.. Habitual criminal

I have a felony terroristic threats I was sent to prison I have a 2 degree assault I got sent to prison for in two separate sentences.. I was wondering if I have a pending charge of felony assault am I consider a habitual criminal?? I'm asking because I can't seem to find anything that tells if a terroristic threats is considered a violent charge. If that makes any sense.. If anyone could tell me or point me in the right direction of information I thank you

 

[FlyingRon]

Whether it is a "violent" charge is immaterial. The fact you have two prior felony convictions makes you a habitual offender subject to the ten year minimum sentence enhancement. The 25 year sentencing enhancement only applies to the listed crimes which second degree assault does not qualify.

 

[drruthless]

Nebraska.. Habitual criminal
am I consider a habitual criminal
I have a felony terroristic threats I was sent to prison I have a 2 degree assault I got sent to prison for in two separate sentences.. I was wondering if I have a pending charge of felony assault am I consider a habitual criminal?? I'm asking because I can't seem to find anything that tells if a terroristic threats is considered a violent charge. If that makes any sense.. If anyone could tell me or point me in the right direction of information I thank you

Ordinarily I would point you to the nearest dictionary. But I caught myself in time.

"am I consider a habitual criminal"

Well yes, yes you have arrived,
you are a habitual criminal.

Every one makes mistakes. That's how we learn.
First time caught you should've learned not to do it again.
Second time caught we have learned ..YOU'RE NOT PAYING ATTENTION!
your ship has sailed without you.
Third and forth time caught,
let's not go there shall we?

"Is a terroristic threat considered a violent charge."

Generally speaking, a terrorist is thought to be someone who is violent by nature and uses physical force in order to terrorize. That's what they do.
Terrorist and violence go together like peas and carrots.
I would say that a terroristic threat is considered a violent charge. but I could be wrong

Could we point you in the right direction, sure.
You are going in the right direction,
You came here.
I hope I have been of help to you.
We strive to provide accurate and useful information.
Good luck in any future endeavors.
..________________
~ CAUTION: Dangerously Under-Medicated,
I do whatever the voices tell me to do…

 

[FlyingRon]

That's a nice RANT Dr. Ruthless, but the whole question of violence is immaterial. The statute doesn't characterize the habitual offender definition by "violence."

It says if you have two prior felonies (or felony-like) convictions, and you get convicted a new felony in Nebraska, then you have a ten-year minimum sentence and can be sentenced up to 60 years. Essentially, this is Nebraska's three strikes law.

The statute has an exception. If the new felony is one of about ten crimes (murder, certain rape, etc...) specifically listed and one of your priors is for one of these, the minimum goes up to 25 years. Neither second-degree assault nor terrorist threats are one of the listed crimes.


Note that terroristic threats are a rather misnamed crime. While it sounds like you're inciting some mass fear like you threaten to explode a bomb or spew anthrax, the statute is written that you just did something that made someone fear harm without actually needing to follow through or even intend to follow through. As a result, it's little more than a variant on simple assault. The Nebraska courts have determined that brandishing a gun at someone can be a terrorist threat.