Misdemeanor Guide

North Dakota Misdemeanors

North Dakota Misdemeanors
North Dakota misdemeanors include a wide range of offenses that are classified under various degrees. Misdemeanor cases are often very similar to felony cases and most often carry the same offenses, just in different degree of severity. These include assault, battery, vandalism, theft, larceny, trespassing, and others. Another difference between misdemeanors and felonies is that place of incarceration. A majority of the time those convicted for misdemeanors are held for the designated time period in a county or local jail. One hundred percent of the time those who have been convicted of felonies are held in state prisons. Fines can be imposed instead of or in addition to jail sentences for misdemeanor offenses.

Misdemeanors are normally defined as crimes that are punishable by no more than one year in jail. In the cases where an individual has committed multiple offenses at the same time, this rule can be surpassed. The sentences can be added to each other to equal more than a year of incarceration in a county jail facility. For instance an individual may be sentenced to five months for one crime, seven months for another, and three months for a third.

North Dakota Indecent Exposure Cases
A Class A Misdemeanor will be the result of indecent exposure in particular cases. Under Class A Misdemeanor classifications, indecent exposure includes the intent to arouse, appeal to, or gratify lust through exposing the sexual organs and portions of the male and female bodies. This kind of exposure can be convicted if done towards a minor in either a public or private place. Indecent exposure can change to a Class C Felony if the individual is in violation of subsection one after a previous conviction or after being registered under section 12.1-32-15. Punishment for indecent exposure can include several months of jail time and hundreds of dollars in fines. A jury or a judge can impose both a fine and a jail sentence at the same time.

North Dakota Disorderly Conduct Misdemeanors
Those who are guilty of the intent to annoy, harass, or alarm another individual or do so in reckless disregard that the other individual is being annoyed, harassed, or alarmed is punishable as a Class B Misdemeanor. If an individual engages in fighting, threatens, makes unnecessary noise, uses obscene language, exposes him or herself, obstructs traffic in a public facility, persistently follows, loiters with the purpose of sexual contact, created hazards for no legitimate purpose, commits a physically offensive act, or harasses through unwanted acts he or she will be convicted of a Class B Misdemeanor.

This does not apply to constitutionally protected activity. The court will determine the validity of a claim of constitutionally protected activity through matters of the law. If found valid, all evidence pertaining to the disorderly activity will be excluded. Disorderly conduct convictions under misdemeanor laws can include several months of incarceration with or without a fine of several hundreds of dollars.

North Dakota Expungement
Only a few individuals are eligible for expungement. These include possessing less than an ounce of marijuana with no other convictions and being arrested for the inclusion of DNA profiling that did not result in a felony charge.

See also:
North Dakota Felony External link (opens in new window)
North Dakota Expungement External link (opens in new window)
North Dakota Gun Laws External link (opens in new window)