Criminal Defense Lawyers

North Dakota Crimes: Laws & Penalties

Understanding North Dakota Criminal Laws and Penalties

The Basics of North Dakota Criminal Law

First things first, let’s talk about the foundation of criminal law in North Dakota. The state’s criminal code is laid out in Title 12.1 of the North Dakota Century Code. This is basically the rulebook that defines what counts as a crime and what the punishments should be.Crimes are generally divided into two main categories:

• Felonies: The most serious type of crime, punishable by more than one year in prison. Examples include murder, rape, and drug trafficking.
• Misdemeanors: Less serious offenses that carry a maximum sentence of one year in jail. This includes things like simple assault, petty theft, and first-time DUIs.

There are also infractions, which are minor violations that usually just result in a fine, like traffic tickets. But we won’t get too deep into those here.

One important thing to understand is the concept of “elements of a crime.” Basically, for something to count as a specific crime, it has to meet certain criteria defined by the law.For example, the elements of simple assault in North Dakota are:

1. Willfully causing bodily injury to another human being; or
2. Negligently causing bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.

If a prosecutor can‘t prove those elements beyond a reasonable doubt, then the defendant can‘t be convicted of assault. Make sense? Great, let’s keep going!

Felony Crimes and Penalties in North Dakota

As I mentioned, felonies are the most serious category of crime. North Dakota has four classes of felonies, ranked by severity:

• Class AA Felony: The most serious crimes, like murder. Punishable by life in prison without parole.
• Class A Felony: Crimes like kidnapping, robbery, and drug dealing. Sentences range from 3-20 years in prison and up to a $20,000 fine.
• Class B Felony: Includes manslaughter, burglary, and some drug crimes. 1-10 years in prison and up to a $20,000 fine.
• Class C Felony: The lowest level felony for crimes like aggravated assault and theft. Up to 5 years in prison and a $10,000 fine.

Let’s look at a specific example to see how this plays out. Under Section 12.1-16-01 of the ND Century Code, murder is defined as intentionally or knowingly causing the death of another human being. If convicted of this Class AA felony, a person would face life in prison without the possibility of parole.On the other end of the spectrum, a Class C felony like theft of property between $1,000-$10,000 in value (Section 12.1-23-05) could result in a sentence of up to five years and/or a $10,000 fine. Of course, the specific sentence someone receives depends on the details of the case and the defendant‘s criminal history. Judges have some discretion within the ranges set by law.

Misdemeanor Crimes and Penalties

Okay, now let‘s talk about misdemeanors. Just like felonies, misdemeanors in North Dakota are divided into classes:

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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• Class A Misdemeanor: The most serious type, punishable by up to 360 days in jail and a $3,000 fine. Includes crimes like simple assault and first-offense DUI.
• Class B Misdemeanor: Crimes like disorderly conduct and criminal trespass. Up to 30 days in jail and a $1,500 fine.

So for example, a first-time DUI offense is a Class B misdemeanor in North Dakota under Section 39-08-01. If convicted, you could face a minimum $500 fine and an order to undergo an addiction evaluation. Your license would also be suspended for 91 days. Other examples of Class A misdemeanors include:

• Possession of drug paraphernalia
• Theft of property valued under $1,000
• Harassment or stalking

While these crimes may not sound as serious as felonies, they still go on your criminal record and can have major consequences for your life. It’s always best to avoid breaking the law, even at the misdemeanor level.

Navigating the North Dakota Criminal Justice System

Alright, so what happens if you do find yourself facing criminal charges in North Dakota? The first step is usually an arrest or a summons to appear in court. From there, the process can vary a bit depending on the severity of the charges. For felonies, you‘ll typically have an initial appearance where the charges are read and bail is set. Then there’s a preliminary hearing where a judge decides if there’s enough evidence for the case to move forward. If so, you’ll be arraigned and asked to enter a plea of guilty, not guilty, or no contest. Misdemeanor cases are a bit more streamlined. You may just have an arraignment and then go straight to trial if you plead not guilty. Speaking of pleas, that’s one of the most important decisions you‘ll make if you‘re charged with a crime. Pleading guilty or no contest means you accept the conviction and sentence, while pleading not guilty means you’re challenging the charges and want to fight them in court.In some cases, your attorney may be able to negotiate a plea bargain with the prosecutor. This is where you agree to plead guilty to a lesser charge or in exchange for a more lenient sentence. It’s a way to avoid the uncertainty of a trial.But if you do go to trial, you’ll have the opportunity to present your case in front of a judge or jury. The prosecution has to prove your guilt beyond a reasonable doubt. If they can’t, you should be acquitted (found not guilty). If you are convicted, the next step is sentencing. This is where the judge decides your punishment based on the guidelines set out in law. Your attorney can argue for a lighter sentence, but ultimately it‘s up to the judge. After sentencing, you may have the right to appeal the conviction or sentence to a higher court. This is something you’ll want to discuss with your lawyer.

Defenses to Criminal Charges

Throughout the criminal justice process, there are defenses your attorney can raise on your behalf. Some common defenses include:

• Innocence: You didn’t actually commit the crime you’re accused of.
• Lack of evidence: The prosecution doesn’t have enough evidence to prove your guilt beyond a reasonable doubt.
• Self-defense: You were defending yourself or someone else from harm.
• Insanity: You were legally insane at the time of the crime and couldn’t understand the consequences of your actions.
• Constitutional violations: Your rights were violated during the arrest or investigation, like an illegal search or failure to read your Miranda rights.

The specific defenses that may apply in your case will depend on the facts and circumstances. That’s why it‘s so important to have an experienced criminal defense attorney in your corner.

Collateral Consequences of a Criminal Conviction

Beyond the direct penalties like jail time and fines, a criminal conviction in North Dakota can have a lot of collateral consequences. These are the indirect ways a conviction can impact your life.For example, having a felony on your record can make it really hard to find a job, housing, or educational opportunities. You could lose your right to vote, own firearms, or obtain certain professional licenses. Even misdemeanors can show up on background checks and cause problems down the road. A conviction for something like drug possession or theft could disqualify you from certain jobs or apartments. That’s why it’s so crucial to fight criminal charges with everything you‘ve got. The stakes are high, and the consequences can follow you for life.

Expunging or Sealing Criminal Records in North Dakota

In some cases, it may be possible to have your criminal record sealed or expunged in North Dakota. This basically means the record is either destroyed or hidden from public view. The rules for expungement depend on the type of offense and how much time has passed. For example, you may be able to get a misdemeanor sealed after three years if you’ve had no further convictions. Felonies typically require more time, usually at least five years. Violent crimes, sex offenses, and crimes against children are usually not eligible for expungement in North Dakota. And even if you do get your record sealed, certain government agencies may still be able to access it. The expungement process isn’t automatic – you have to petition the court and show that you deserve this second chance. It’s a good idea to work with an attorney who can help you navigate the process and make the strongest case possible.