Misdemeanor vs. Felony in North Dakota: What’s the Difference?

If you or someone you care about is facing criminal charges in North Dakota, one of the first questions that often comes up is: “Is this a misdemeanor or a felony?”

The answer matters. These two categories of crimes carry very different consequences—both in the short term and for the rest of your life.

At Heartland Law Office in Bismarck, we believe that understanding the difference is the first step toward protecting your rights. Here’s what you need to know.

What Is a Misdemeanor in North Dakota?

A misdemeanor is considered a less serious crime than a felony, but that doesn’t mean the consequences should be taken lightly.

Types of Misdemeanors

North Dakota law recognizes two levels:

• Class A MisdemeanorPunishable by up to 360 days in jail and/or a $3,000 fine.Examples: Simple assault, theft under $1,000, DUI (first or second offense), and resisting arrest.

• Class B MisdemeanorPunishable by up to 30 days in jail and/or a $1,500 fine.Examples: Disorderly conduct, possession of marijuana (small amounts), and public intoxication.

Misdemeanor charges are usually handled in municipal or district court, depending on the location and severity.

What Is a Felony in North Dakota?

A felony is a more serious crime with much harsher penalties. Felony convictions can lead to long-term imprisonment, significant fines, and lifelong consequences.

Classes of Felonies

Felonies in North Dakota are divided into four categories:

• Class AA FelonyMaximum penalty: Life imprisonment without paroleExamples: Premeditated murder, terrorism

• Class A FelonyUp to 20 years in prison and a $20,000 fineExamples: Kidnapping, certain sex crimes

• Class B FelonyUp to 10 years in prison and a $20,000 fineExamples: Aggravated assault, burglary

• Class C FelonyUp to 5 years in prison and a $10,000 fineExamples: Theft over $1,000, third DUI offense, drug delivery

Convictions go through district courts and often involve more complex legal procedures, including grand jury indictments or preliminary hearings.

Key Differences Between Misdemeanors and Felonies

Category	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Jail Time	Up to 360 days	1 year to life (or death penalty in rare federal cases)
Court	Municipal or District Court	District Court
Examples	DUI, petty theft	Burglary, aggravated assault
Long-term Impact	May show on background checks	Loss of gun rights, voting rights, job eligibility

Why the Difference Matters

Whether you're charged with a misdemeanor or a felony, the impact on your life can be serious. Felony convictions often come with:

• Loss of civil rights, including gun ownership and voting

• Trouble finding employment or housing

• Immigration consequences

• A permanent criminal record

Even a misdemeanor can affect your ability to get a job, a professional license, or qualify for housing. In small North Dakota towns—from Williston to Wahpeton—news travels fast, and a conviction can carry social consequences, too.

Can Charges Be Reduced or Dismissed?

Yes—with strong legal representation, charges can sometimes be reduced from a felony to a misdemeanor, or dismissed altogether based on:

• Lack of evidence

• Unlawful searches or arrests

• Procedural errors

• Plea deals

At Heartland Law Office, we evaluate every angle of your case to build the strongest defense possible. Attorney Patrick Waters brings over 20 years of experience handling criminal cases across North Dakota—from tribal courts to district courts in counties like Burleigh, Stark, and Cass.

What Should You Do if You’re Charged?

If you’ve been arrested or charged with any crime, do not speak to police without a lawyer present. What you say can be used against you—even if you think you're helping your case.

Here’s what you should do:

1. Remain calm and polite

2. Exercise your right to remain silent

3. Contact a criminal defense attorney as soon as possible

We’re Here to Defend Your Rights

Whether you’re facing a misdemeanor or felony in North Dakota, the criminal justice system can feel overwhelming. At Heartland Law Office, we’re here to stand between you and the system—to fight for your rights, protect your record, and guide you every step of the way.

We serve clients across the state, including Bismarck, Minot, Dickinson, Fargo, and in North Dakota tribal courts.

Contact us today to schedule a free consultation and take the first step toward defending your future.

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