North Dakota Misdemeanors

Misdemeanors in North Dakota

Misdemeanors in North Dakota cover a wide range of offenses with varying degrees. Misdemeanor cases are frequently very similar to felony cases and frequently carry the same offenses, albeit in varying degrees of severity. Assault, battery, vandalism, theft, larceny, trespassing, and other offenses fall into this category. Another distinction between misdemeanors and felonies is the location of incarceration. The vast majority of misdemeanor defendants are held in a county or local jail for the duration of their sentence. Those convicted of felonies are imprisoned in state facilities 100 percent of the time. For misdemeanor offenses, fines can be imposed instead of or in addition to jail sentences.

Misdemeanors are typically defined as crimes punishable by no more than a year in prison. This rule can be broken if an individual has committed multiple offenses at the same time. When the sentences are added together, they total more than a year in a county jail facility. For example, a person may be sentenced to five months in prison for one crime, seven months for another, and three months for a third.

North Dakota (ND) Cases of Indecent Exposure

In some cases, indecent exposure will result in a Class A Misdemeanor. Indecent exposure is defined as the intent to arouse, appeal to, or gratify lust by exposing the sexual organs and portions of the male and female bodies under Class A Misdemeanor classifications. If done to a minor in either a public or private setting, this type of exposure can result in a criminal charge. If an individual violates subsection one after a previous conviction or after being registered under section 12.1-32-15, indecent exposure can be upgraded to a Class C Felony. Indecent exposure can result in several months in jail and hundreds of dollars in fines. A jury or a judge may impose both a fine and a jail sentence concurrently.

Misdemeanors for Disorderly Conduct in North Dakota

Those who intentionally annoy, harass, or alarm another person, or who do so with reckless disregard that the other person is being annoyed, harassed, or alarmed, are guilty of a Class B misdemeanor. Fighting, threatening, making unnecessary noise, using obscene language, exposing himself or herself, obstructing traffic in a public facility, persistently following, loitering for the purpose of sexual contact, creating hazards for no legitimate reason, committing a physically offensive act, or harassing through unwanted acts will result in a Class B Misdemeanor conviction.

This excludes constitutionally protected activity. The validity of a claim of constitutionally protected activity will be determined by the court on legal grounds. If the case is found to be valid, all evidence relating to the disorderly behavior will be excluded. Misdemeanor convictions for disorderly conduct can result in several months in jail and a fine of several hundred dollars.

Expungement in North Dakota

Only a few people qualify for expungement. These include possessing less than an ounce of marijuana with no other convictions and being arrested for DNA profiling without being charged with a felony.

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