From Felony to Misdemeanor: How We Helped Reduce a GSI Charge in North Dakota

Facing a felony charge of Gross Sexual Imposition (GSI) is terrifying. For

many people in North Dakota, it can feel like life as they know it is over before they even step foot in court. But the reality is, with the right legal representation and a strong defense strategy, these cases can take a very different turn.

At Heartland Law Office, we recently helped a client achieve an outcome few expect: their felony GSI charge was reduced to a misdemeanor by disposition—resulting in no additional jail time beyond what they had already served. Here’s how that happened, and what it could mean for others facing similar charges.

Understanding GSI Charges in North Dakota

Gross Sexual Imposition is one of the most serious sex offenses under North Dakota Century Code § 12.1-20-03. It typically involves allegations of sexual contact or penetration without consent, sometimes with factors like force, threat, age difference, or incapacitation.

Most GSI charges are Class A or B felonies, which carry harsh penalties:

• Class A Felony: Up to 20 years in prison and a $20,000 fine

• Class B Felony: Up to 10 years in prison and a $20,000 fine

• In addition to prison, a conviction usually requires lifetime sex offender registration and comes with devastating long-term consequences—housing restrictions, employment barriers, and community stigma.

How This Case Was Different

When our client came to us, they were facing a felony GSI charge that could have resulted in years behind bars. But as we investigated the case and negotiated with prosecutors, several key factors emerged:

• Lack of physical evidence supporting the initial allegation

• Inconsistencies in witness testimony

• Our client’s cooperation and time already spent in custody

• The alleged conduct aligning more closely with misdemeanor-level behavior under North Dakota law

After months of diligent advocacy and strategic discussions with the State, we secured a plea agreement that downgraded the felony charge to a Class A misdemeanor. The final outcome: “time served”—no additional incarceration, no felony conviction, and no long-term prison sentence.

What Does “Time Served” Mean?

A sentence of “time served” means the court credits the defendant for the time they’ve already spent in jail awaiting resolution of their case. In this situation, our client walked out of the courtroom that day without serving another minute.

This type of outcome:

• Prevents further incarceration

• Reduces or eliminates probation terms

• Can help avoid mandatory sex offender registration, depending on the final conviction

Why Prosecutors May Agree to Reduce a GSI Charge

Prosecutors don’t take GSI cases lightly. But they also understand that not every charge reflects what actually happened—or what can be proven beyond a reasonable doubt at trial.

A charge might be reduced when:

• Evidence is weak or unreliable

• Witnesses are unavailable or unwilling to testify

• The accused has already spent significant time in custody

• The interests of justice (and the alleged victim) are better served by resolution than trial

In many cases, reducing a charge avoids the trauma of trial for all involved, while still holding the defendant accountable in a way that fits the facts.

The Importance of an Experienced Criminal Defense Lawyer

Results like this don’t happen by accident. They happen because the defense attorney:

• Knows how to spot legal and factual weaknesses in the case

• Understands how to communicate effectively with prosecutors

• Advocates for the client’s humanity and future—not just their past

At Heartland Law Office, we bring nearly 20 years of experience defending clients against serious felony charges, including GSI, across Bismarck, Minot, Williston, Dickinson, and throughout North Dakota. We know how to fight in court—but also how to work behind the scenes to get the best possible outcome.

Facing a Felony GSI Charge in North Dakota? You’re Not Alone.

If you or someone you love is facing a GSI charge, don’t assume the worst. Every case is different, and with the right defense, even a felony can sometimes be reduced—or dismissed entirely.

Whether your case is in Burleigh County, Ward County, Williams County, or anywhere else in the state, we’re here to help.

Call us at 701-JUSTICE for a free criminal consultation today

This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.