In general, a misdemeanor offense is any crime for which the law allows a maximum penalty of up to one year in jail or prison. North Dakota, like many other states, also differentiates among different types of misdemeanors, placing them into different categories: Class A and Class B. Class A misdemeanors are the most serious type, while Class B misdemeanors are the least serious.

Additionally, North Dakota also categorizes some crimes as infractions. Infractions are considered the least serious type of crime and have no incarceration penalties associated with them, unless a person convicted of an infraction has a previous conviction for the same crime within the prior year. In such circumstances, prosecutors charge the infraction as a Class B misdemeanor.

For information on felonies, see North Dakota Felony Crimes by Class and Sentences.

Sentence Range for Each Level

Each class of misdemeanor crime in North Dakota has maximum penalties associated with it. Anyone convicted of a misdemeanor faces a sentence that could include incarceration, fines, or both.

• Class A misdemeanor. Up to one-year imprisonment and a maximum of $3,000 in fines.
• Class B misdemeanor. Up to 30 days' imprisonment and a maximum of $1,500 in fines.
• Infraction. Up to $1,000 in fines. If convicted of the same infraction within one year of a conviction for another infraction, up to 30 days' imprisonment and a maximum of $1,500 in fines.

Examples of Crimes in Each Level

The following list of crimes in each of the misdemeanor classes represents a small portion of the all misdemeanor offenses in North Dakota.

Class A

• Failure to report or control a dangerous fire
• Disorderly conduct at a funeral, second or subsequent violation
• Possession of marijuana paraphernalia
• Ingesting a controlled substance

Class B

• Disorderly conduct
• False representation of marital status
• Prostitution
• Theft of cable television services

Infraction

• Sale of tobacco to minors
• Gambling on private premises where the total amount involved exceeds $2,500 per person

Find a Lawyer

Even if you are only charged with what you believe to be a minor crime, misdemeanor charges are nothing to take lightly. Consulting with an experienced North Dakota criminal defense attorney in your area is the only way to make sure that your rights are protected during the criminal justice process. You need to talk with a lawyer who knows the local courts and prosecutors as soon as you learn you are being investigated for, or charged with, a crime. If you delay, you could make it much harder to offer a strong legal defense.

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