What are the penalties for a felony in North Dakota?

Felony penalties in North Dakota range from 0–5 years for the lowest class to life imprisonment for the most serious [§ 12.1-32-01]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does North Dakota have a speedy trial requirement?

Yes. North Dakota sets a statutory speedy trial deadline [§ 29-19-02]: for felony charges under NDCC § 19-03.1-23 or chapter 12.1-20, 90 days after a timely election made within 14 days of arraignment (the court may allow a later trial for good cause). For felony charges under NDCC § 19-03.1-23 or chapter 12.1-20, trial must begin within 90 days of the date a party elects this right, which must be elected within 14 days following arraignment; the court may allow a later trial for good cause. Section 29-19-02 sets no fixed day limit for other offenses; there, the constitutional Barker v. Wingo balancing test governs (length of delay, reasons, defendant's assertion, and prejudice).

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 12.1-32-01]. Misdemeanors carry county jail time (up to 1 year) [§ 12.1-32-01]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

North Dakota Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in North Dakota?

Yes, for eligible offenses [§ 12-60.1-01 et seq.]. Waiting periods: 3 years from discharge for misdemeanors; 5 years for Class C felonies; immediate for acquittals/dismissals. North Dakota enacted expungement reform in 2019. Class C felonies eligible after 5 years. Class A and B felonies not eligible for conviction expungement. Arrests without conviction may be sealed immediately.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in North Dakota.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The North Dakota Criminal Process — Step by Step Your Rights in an North Dakota Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How North Dakota classifies criminal offenses §12.1-32-01

North Dakota divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class AA felony: varies to life - Class A felony: 0–20 years, up to $20,000 fine - Class B felony: 0–10 years, up to $20,000 fine - Class C felony: 0–5 years, up to $10,000 fine

Misdemeanor classifications §12.1-32-01

Class A misdemeanor: up to 12 months, $3,000 fine - Class B misdemeanor: up to 1 months, $1,500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §12.1-32-01 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §12.1-32-01	State prison (1 year or more) §12.1-32-01
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §12-60.1-01 et seq.	Fewer offenses eligible §12-60.1-01 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §29-06-15. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. NDCC § 29-06-15 governs warrantless arrest authority. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Bail is the security given for a person's release that the person will appear in court; admission to bail is an order discharging the defendant from custody upon an undertaking with sufficient sureties. Most of chapter 29-08's substantive provisions are superseded by N.D.R.Crim.P. Rule 46 (Release from Custody), which governs release procedure. The court may increase or reduce bail for good cause (NDCC § 29-08-22), and the supreme court maintains a uniform bail schedule for individuals in custody who have not yet appeared before the district court (NDCC § 29-08-03.1). §29-08-01 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in North Dakota.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in North Dakota has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §54-61-01 et seq.. North Dakota Commission on Legal Counsel for Indigents (CLCI) provides state-funded indigent defense to individuals the court determines eligible, through regional public defender offices and contract counsel.
Right to a speedy trial — North Dakota sets a statutory speedy trial deadline §29-19-02: for felony charges under NDCC § 19-03.1-23 or chapter 12.1-20, 90 days after a timely election made within 14 days of arraignment (the court may allow a later trial for good cause). For felony charges under NDCC § 19-03.1-23 or chapter 12.1-20, trial must begin within 90 days of the date a party elects this right, which must be elected within 14 days following arraignment; the court may allow a later trial for good cause. Section 29-19-02 sets no fixed day limit for other offenses; there, the constitutional Barker v. Wingo balancing test governs (length of delay, reasons, defendant's assertion, and prejudice).
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in North Dakota: Misdemeanor: up to 1 year; Felony: up to 5 years.

Clearing your record

North Dakota does allow certain criminal records to be sealed or expunged §12-60.1-01 et seq.. Waiting periods: 3 years from discharge for misdemeanors; 5 years for Class C felonies; immediate for acquittals/dismissals. North Dakota enacted expungement reform in 2019. Class C felonies eligible after 5 years. Class A and B felonies not eligible for conviction expungement. Arrests without conviction may be sealed immediately.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount. Marijuana possession: Infraction (0.5 oz or less,); Class B misdemeanor (over 0.5 oz); Felony (over larger amounts or distribution).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §12.1-17-01 et seq.. Domestic violence offenses carry additional consequences including protective orders §14-07.1-01 et seq..

Theft and property crimes

Classification depends on the value of property taken §12.1-23-01 et seq.. Felony threshold: $1,000 (Class C felony for $1,000–$9,999, §12.1-23-05).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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