State v. Masilko

The appellant, Richard Masilko, was initially charged in a two-count complaint. Count I charged him with third degree assault in violation of Neb. Rev. Stat. § 28-310 (Reissue 1985). This is a Class I misdemeanor, punishable by up to 1 year’s imprisonment, a $1,000 fine, or both. See Neb. Rev. Stat. § 28-106(1) (Reissue 1985). Count II charged Masilko with criminal mischief in violation of Neb. Rev. Stat. § 28-519 (Reissue 1985). Because the value of the property involved was less than $100, this is a Class III misdemeanor, punishable by up to 3 months’ imprisonment, a $500 fine, or both. See…