Learn more about the potential financial and legal consequences of misdemeanors and felonies in North Dakota.
Summary
- Criminal convictions in North Dakota, whether misdemeanor or felony, carry both immediate and long-term consequences, such as jail time, fines, and probation.
- Specific penalties vary for assault, arson, burglary, theft, DUI, and drug convictions, depending on the offense’s severity.
- Long-term repercussions affect employment, housing, civil rights, relationships, and travel, making reintegration challenging for North Dakotans with misdemeanors and felonies.
- Sand Law attorneys offer expert legal defense to minimize penalties, negotiate favorable outcomes, and provide representation.
- For any criminal charge, consulting a North Dakota criminal defense attorney early is crucial to protect your rights and navigate complex legal consequences effectively.
One of the most important things to know if you’ve been arrested in North Dakota is not to take your charge lightly. Even something as seemingly “minor” as a misdemeanor charge could have a profound impact on your life.
Obviously, if you’re looking at a felony charge, you should be extremely concerned. In fact, it would be understandable if you’re terrified. However, you should worry about both penalties for misdemeanors and felonies.
The stakes are going to be very high, regardless of what type of charge you’re facing. That’s why you’re going to need the help of an experienced criminal defense attorney immediately. Sand Law attorneys have that experience.
We also have the skill it takes to work to possibly reduce whatever penalties you face – or perhaps even have the case dropped completely. Learn more about what we may be able to do for you by calling (701) 609-1510 or contacting us online.
The following is a look at some criminal offenses, as well as the potential penalties they carry.
Assault and Battery
If someone is charged with willfully injuring another person, that’s an example of assault. Simple assault, which leads to a relatively minor injury to the victim, is considered a Class B misdemeanor under North Dakota criminal law. This can result in a fine of up to $1,500 or up to 30 days in jail.
Assault is a more serious offense, typically involving substantial injury or committed using a firearm or some other type of weapon. The penalties for this Class A misdemeanor include a $3,000 maximum fine and a maximum jail sentence of a year.
However, if the person causes severe bodily injury that results in permanent damage to the victim, they could be charged with a Class C felony. This is punishable by a fine of as much as $10,000 and up to five years in prison.
Arson
This is where someone either sets fire to a property or causes an explosion in order to do damage. Most of the time, it will be assumed the reason for the arson is to collect insurance money. The typical arson crime is considered a Class C felony.
The penalties for a Class C arson felony include up to a $5,000 fine and as long as five years in prison. If someone’s life was put in danger due to the crime, that makes it a Class B felony, punishable by 10 years and prison and a maximum fine of $20,000.
Burglary, Theft, and Robbery
There’s a lot of confusion as to the differences between these three crimes. Burglary typically involves breaking into a property with the intent of stealing something. It’s usually considered a Class C felony ($5,000 fine/five years in jail), but if someone suffered harm during the act of committing the burglary, the charge could be bumped up to a Class B felony (10 years in prison/$20,000 fine)
Both misdemeanor and felony theft can have serious consequences as well. If the property taken is $1,000 or less, it’s considered a misdemeanor, with fines of anywhere from $1,500-$3,000 and jail time of between 30 days and a year in jail. If the property is valued at $1,001 or more, then it’s a felony. This can result in five to 20 years in jail and a fine of as much as $20,000.
Robbery is considered to be theft by force. It could be accompanied by actual violence or merely the threat of violence. If a firearm is fired during the commission of a robbery, that’s a Class A felony punishable by up to 20 years in prison and up to a $20,000 fine.
DUI/DWIs
The State of North Dakota, like all other states, takes DUI very seriously. Even a first offense could result in a$750 fine and two days in jail. For four within seven years, the result is a $2,000 fine, a year in prison, and two years of probation. After four, the charge remains the same.
Drug Offenses
The range of drug charges, as well as the penalties, are very wide. So, we’ll focus here on the penalties for possession of a controlled substance, such as cocaine, methamphetamine, opiates, LSD, and others. A first offense will typically be viewed as a Class A misdemeanor, with a maximum fine of $3,000 and a year in jail.
Any subsequent violations will be charged as a Class C felony (5-year jail term/$5,000 maximum fine). If someone is found guilty of possessing a controlled substance within 1,000 feet of a school building, they’ll be looking at a Class B felony (10 years in jail. $10,000 maximum fine).
The penalties for intent to distribute any kind of controlled substance or illegal drug will be harsh as well. An attorney can tell you more.
Fraud
Financial crimes such as fraud can also carry very harsh penalties. One of the more common examples is bank fraud. This typically entails trying to defraud a bank in some way. Examples include writing a hot check or using a fake credit or debit card.
Identity theft and investment schemes are considered fraud as well. Fraud is a federal offense, potentially resulting in 30 years in prison and a fine of as much as $1 million.
Money Laundering
This basically means trying to hide the source of money. If that money was made through something illegal, such as selling drugs, that could also result in a charge of tax evasion. Insurance fraud can also be considered money laundering since criminals will often fraudulently collect money from a policy and then combine it with funds obtained legitimately.
Money laundering is also a federal crime, punishable by a prison sentence of up to 20 years. It can also result in a fine of as much as $500,000 or two times the amount being laundered, whichever is larger.
Consequences of a Criminal Conviction in North Dakota
Being convicted of a crime in North Dakota, whether a misdemeanor or felony, can significantly impact various aspects of an individual’s life. Such a conviction carries both immediate and lasting repercussions that can alter one’s future prospects and personal freedom.
Understanding these consequences is crucial, as they extend beyond mere legal penalties, affecting your personal and professional life over time.
Short Term Consequences
In the immediate aftermath of a criminal conviction, individuals face several direct penalties that can disrupt their daily lives:
- Jail/Prison Time: Depending on the severity of the offense, individuals may be arrested in North Dakota and sentenced to serve time in jail or prison. This leads to a loss of freedom and separation from family and community.
- Fines and Restitution: Convicted individuals are often required to pay fines or restitution, which can create financial strain and hardship.
- Supervised Release: Many offenders are placed on probation or parole, requiring them to adhere to strict conditions and report regularly to a supervising officer.
Long-Term Consequences
Beyond the immediate penalties, a criminal record can have enduring effects that last long after the sentence is completed:
- Employment Challenges: A criminal record can severely limit job opportunities as many employers conduct background checks and may be hesitant to hire someone with a criminal past.
- Housing Difficulties: Finding housing can become a challenge, as landlords may refuse to rent to individuals with a criminal history, leading to instability and uncertainty.
- Loss of Some Civil Rights: Convictions can result in the loss of certain civil rights, such as the right to vote, serve on a jury, or own firearms, depending on the nature of the crime.
- Social Stigma: Carrying the label of a criminal can lead to social isolation and judgment, affecting personal relationships and community integration.
- Travel Restrictions: Individuals with a criminal record may face limitations on their ability to travel abroad, as some countries have strict entry requirements for those with past convictions.
Reintegration into social life after a criminal conviction requires understanding these multifaceted consequences and seeking ways to mitigate their impact. Legal advice and support services can be crucial in helping individuals rebuild their lives and regain stability.
Services a ND Sand Law Criminal Defense Lawyer Can Provide
Facing criminal charges in North Dakota can be a challenging experience with potentially life-altering consequences. Engaging a knowledgeable Sand Law criminal defense lawyer can make a critical difference in navigating the legal system.
Expert Legal Guidance
A seasoned attorney provides expert legal guidance, ensuring you understand the charges against you and the potential outcomes. They help clarify confusing legal jargon and inform you about your rights, empowering you to make informed decisions.
Strategic Defense Planning
Your lawyer will meticulously examine the details of your case, then create a robust defense strategy tailored to your situation. This includes tasks such as gathering evidence, identifying weaknesses in the prosecution’s case, and exploring all avenues to favorable resolution.
Negotiation Skills
Experienced defense attorneys possess strong negotiation skills. These skills can be pivotal in securing plea deals or reduced charges. Their ability to negotiate effectively with prosecutors can lead to more favorable outcomes, such as alternative sentencing options and lesser penalties.
Court Representation
Having a lawyer represent you in court ensures that your case is presented professionally and compellingly. Your attorney will advocate on your behalf, challenging evidence and cross-examining witnesses to protect your interests and strive for the best possible verdict.
Support and Resources
Beyond legal representation, a defense lawyer offers emotional support and access to resources that can aid in your rehabilitation and reintegration. They guide you through the legal process and help you access support services that address issues related to your charges.
Contact Sand Law to Speak with an Experienced Criminal Defense Attorney
As you can see, you should never take any sort of charge lightly. Talk to a Sand Law attorney immediately so we can get to work protecting your rights. You can contact us online or call (701) 609-1510.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor?
Felonies and misdemeanors are classified based on the severity of the crime. Felonies are serious offenses that usually carry heavier penalties, such as imprisonment for more than a year or substantial fines.
Misdemeanors are less severe, typically resulting in jail time of less than a year or smaller fines. Generally, it’s still a good idea to hire a lawyer for minor charges to protect your rights.
What is the difference between state offenses and federal offenses?
State offenses violate state laws and are prosecuted in state courts. Federal offenses breach federal laws and are handled in federal courts. The distinction often lies in jurisdiction, with federal crimes typically involving cross-state activities or federal interests.
What is a plea bargain?
A plea bargain is an agreement in a criminal case. The defendant pleads guilty to a lesser charge, or to one of multiple charges, in exchange for a more lenient sentence or dismissal of other charges.