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What to Know About Assault Charges in North Dakota


men about to fight leading to an assault charge in North Dakota

Assault is one of the most commonly charged violent crimes in North Dakota—and particularly so in Ward County. According to recent statistics, Ward County has a violent crime rate of 2.917 per 1,000 residents, with assault being the most frequently reported offense. If you or someone you care about is facing an assault charge, understanding what the law says—and what your options are—is critical.

In this blog, we’ll break down how assault is defined in North Dakota, the potential penalties, possible defenses, and what to expect if you're charged in Ward County.


How North Dakota Defines Assault

Under North Dakota Century Code § 12.1-17-01, assault is broadly defined as:

"Willfully causing bodily injury to another human being; or negligently causing bodily injury with a weapon or other instrument."

North Dakota law classifies assault into several categories depending on factors such as the severity of the injury, the use of weapons, and the identity of the victim.


Types of Assault Charges in ND

Here are the most common forms of assault under North Dakota law:

  • Simple Assault: Causing bodily injury without a weapon or serious harm. Usually a Class B misdemeanor.

  • Aggravated Assault: Involves serious bodily injury, use of a weapon, or the intent to cause permanent disfigurement or death. This can be charged as a Class C or B felony.

  • Domestic Assault: Assault against a family or household member. Depending on circumstances, it may elevate the charges.

  • Assault on a Peace Officer or Public Servant: Enhances penalties due to the victim’s protected status.

  • Reckless Endangerment: Not technically assault, but often charged alongside it when the conduct put others at risk.


Penalties for Assault in North Dakota

The penalties for assault depend on the severity of the charge. Here’s a quick breakdown:

Charge

Classification

Possible Penalty

Simple Assault

Class B Misdemeanor

Up to 30 days in jail and $1,500 fine

Assault

Class A Misdemeanor

Up to 1 year in jail and $3,000 fine

Aggravated Assault

Class C Felony

Up to 5 years in prison and $10,000 fine

Aggravated Assault (serious injury)

Class B Felony

Up to 10 years in prison and $20,000 fine

Felony convictions also carry long-term consequences—like losing your right to vote, possess firearms, or hold certain jobs.


Legal Defenses Against Assault Charges

Every case is different, but here are common defenses that can apply:

  • Self-defense or defense of others

  • Lack of intent (accident rather than willful conduct)

  • Mutual combat

  • False accusations

  • Insufficient evidence

At Heartland Law Office, we often see cases where de-escalation failed, but there was no criminal intent. Having a skilled defense attorney can make the difference between a conviction and a dismissal or reduced charge.


What to Do If You're Charged with Assault

Man arrested for assault in North Dakota

If you're facing an assault charge in North Dakota—especially in Ward County—here’s what to do:

  1. Remain silent: Don’t try to explain your side to the police without an attorney present.

  2. Contact a criminal defense attorney immediately.

  3. Avoid discussing the case with anyone else—especially online.

  4. Comply with any no-contact or bond conditions.

  5. Document what happened while it’s still fresh in your memory.


How Heartland Law Can Help

Located in Bismarck and serving clients across North Dakota—including Minot, Williston, Dickinson, and Ward County—Heartland Law Office provides experienced, strategic defense against all types of assault charges.

Attorney Patrick Waters brings over 20 years of legal experience and a deep understanding of how local courts handle violent crimes. Whether it’s negotiating a favorable plea or fighting for your rights at trial, we’re here to defend your future.


If you’ve been charged with assault in Ward County or anywhere in North Dakota, don’t face the system alone. Call us today at 701-JUSTICE (701-587-8423) or visit www.heartlandlawoffice.com to schedule your confidential consultation.

Learn more about our Criminal Defense and Violent Crimes services.



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

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