In some cases, an offender could get the charges dismissed and avoid a conviction and public criminal record. The law provides judges with several options and alternatives for misdemeanor sentencing. 12.1-23-05 12.1-32-01 (2020).) Sentencing Options and Alternatives for Misdemeanors in North Dakota But if that same offense involves threats or embezzlement, the penalty moves up to a class A misdemeanor. A person who steals property valued at less than $500 faces a class B misdemeanor. In cases of theft, the value of the property stolen determines the penalty. A repeat offender faces a class A misdemeanor, as does a first-time offender who inflicts substantial bodily harm on another. Less serious offenses tend to be classified as class B misdemeanors, while more serious offenses or offenders could face class A misdemeanor penalties.įor instance, domestic violence carries a class B misdemeanor penalty for a first-offense involving bodily harm. The classification often reflects the seriousness of the offense, based on the victim, level of harm or damages, the offender's criminal history, or the offender's motive. Class A and B Misdemeanor CrimesĬlass A and B misdemeanors include a wide range of offenses, including low-level assault, trespass, and property crimes, among others. However, a person who commits three infractions for the same offense within one year's time can be charged with a class B misdemeanor and face jail time. A traffic ticket is a common example of an infraction. Offenses punishable by a fine only (up to $1,000) fall under the classification of infraction. If a misdemeanor offense doesn't specify a classification in law, it defaults to a class A misdemeanor. Class B misdemeanors carry a maximum penalty of 30 days' imprisonment and up to a $1,500 fine.Class A misdemeanors carry a maximum penalty of 360 days' imprisonment and up to a $3,000 fine.North Dakota law classifies misdemeanor penalties as follows: (For more information on felonies, see North Dakota Felony Crimes by Class and Sentences.) Classifications and Penalties for Misdemeanors in North Dakota This article will discuss the penalties, sentencing, and expungement options for North Dakota misdemeanors. North Dakota divides its misdemeanor offenses into two classes: class A and B misdemeanors. If a person faces more than 360 days and up to life behind bars, the penalty becomes a felony. For misdemeanors, the maximum jail time is 360 days. The offense level depends on the maximum possible sentence available under the law. In North Dakota, a person charged with a crime faces either a misdemeanor or felony conviction.