North Dakota Felony: Laws, Penalties, Sentencing, and Records

A felony in North Dakota is a serious criminal offense that incurs heavy punishments by incarceration in state correctional facilities. The state divides felonies into four classes (Class AA, A, B, and C), with Class AA being the most serious offense.

What Is Considered a Felony in North Dakota?

Felonies in North Dakota are defined under the North Dakota Century Code. Crimes that are considered examples of felonies in North Dakota include:

• Violent crime includes murder, manslaughter, aggravated assault, robbery, rape, and kidnapping.
• Drug crimes include manufacturing, trafficking, and possession of drugs or banned substances.
• Property crimes include arson, burglary, auto theft, and theft of property worth more than $1,000.
• White-collar crimes include cases of fraud, embezzlement, forgery, securities violations, and identity theft.
• Weapons offenses include felons caught with the use or possession of a firearm or illegal trafficking of weapons.

What Is a Felony in North Dakota?

Under North Dakota law, a felony is defined as any offense punishable by more than one year in state prison. By contrast, misdemeanors carry lesser penalties of up to one year in county jail. There are consequences for an individual convicted of a felony in North Dakota, such as:

• Incarceration with a minimum of 5 years to life imprisonment (even the death penalty in some cases).
• Payment of fines up to $20,000.
• Loss of their civil rights, such as the right to own a firearm, serve on a jury, or vote.
• A criminal record due to felony conviction.

Felony Classes and Penalties in North Dakota

In North Dakota, a felony is categorized into four classes, which are based on the offense type and the severity of the crime. The classes listed as Class AA, Class A, Class B, and Class C, with their respective penalties, are stated below.

North Dakota Felony Classes

• Class AA Felony
  • Includes murder, rape of a minor, and terrorism.
  • Penalty: Sentence to life imprisonment, with or without the possibility of parole.
• Class A Felony
  • Includes first-degree kidnapping, manslaughter, and aggravated assault with serious injury.
  • Penalty: Maximum of 20 years in prison.
  • Fine: Up to $20,000.
• Class B Felony
  • Includes burglary, robbery, and certain drug trafficking crimes.
  • Penalty: Up to 10 years in prison.
  • Fine: Up to $20,000.
• Class C Felony
  • Includes theft of property over $1,000, forgery, and lower-level drug crimes.
  • Penalty: Up to 5 years in prison.
  • Fine: Up to $10,000.

Felony Sentencing Guidelines in North Dakota

In North Dakota, the guidelines for sentencing are regulated by statutes, aggravating or mitigating factors, judges’ discretion, and considerations of prior offenses.

Key Sentencing Factors

• Statutory Penalties: Each felony class attracts a maximum number of years in prison and may include additional fines for the offense.
• Mandatory Minimums: The law mandates that certain crimes should be sentenced to a specific prison term.
• Aggravating Factors: Factors including crimes committed against minors or elderly victims, the use of weapons, or repeat felony convictions may increase the sentence length.
• Mitigating Factors: Circumstances where an individual commits a crime for the first time, cooperates with law enforcement officers, or shows signs of rehabilitation may lead to a reduction in sentence length.
• Habitual Offender Statute: The law enforces additional penalties on offenders with records of repeated offenses.
• Probation and Parole: The court may allow some felons to receive probation or apply for parole.

Felony Laws and Procedures in Major North Dakota Cities

Fargo (Cass County)

Felonies in Fargo City are handled in the Cass County District Court. The court clerk provides public terminals to the public so they may view court records.

Bismarck (Burleigh County)

Felony cases in Bismarck are tried in the Burleigh County District Court, with common cases including burglary, fraud, and assault.

Grand Forks (Grand Forks County)

Felonies in Grand Forks are prosecuted in the Grand Forks County District Court, and records are accessible at the Grand Forks County Clerk’s office.

How to search for felony records in North Dakota

North Dakota offers both statewide and county-level access to criminal records, including felony records, ensuring transparency and accountability. Criminal records and felony convictions are accessible to the public. However, the state allows limited expungement of certain felony convictions after waiting periods.

The state allows the public to access these felony records through:

North Dakota Courts Portal

The North Dakota Judicial Branch provides a Records Inquiry System that allows the public to search felony records by name, case number, or attorney.

District Court Clerk’s Offices

Anyone interested in felony case files may obtain copies of the documents from the Clerk of the District Court in the county where the felony was prosecuted.

North Dakota Bureau of Criminal Investigation (BCI)

The North Dakota Bureau of Criminal Investigation (BCI) maintains official statewide criminal history records. Individuals may request a criminal history record check from the BCI.

Local Police Departments and Sheriff’s Offices

Alternatively, individuals may contact the office of the law enforcement officers to obtain copies of felony case files.

Why Understanding Felonies in North Dakota Matters

Felony convictions in the state bring lifelong consequences that may extend beyond prison and fines. They may affect the civil rights of individuals, reduce their employment opportunities, and restrict housing eligibility. Therefore, this knowledge is invaluable to individuals, employers, and organizations.

Felonies in North Dakota are classified into four categories (Class AA, Class A, Class B, and Class C), with penalties ranging from 5 years in prison to life imprisonment without the possibility of parole. Sentencing depends on statutory ranges, habitual offender laws, and other factors that either aggravate or mitigate the offense.

Felony records are available at the North Dakota Courts portal, District Court Clerks’ offices, or the Bureau of Criminal Investigation, ensuring public transparency while offering limited expungement opportunities for certain offenses.