Charges and sentences
Felony and misdemeanor classes in North Dakota
North Dakota sorts felonies into four classes (Class AA is the most serious and Class C the least), misdemeanors into two classes (Class A and Class B), and treats the least serious offenses as infractions. The class sets the maximum penalty.1
Checked October 29, 2026 against North Dakota's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- North Dakota sorts crimes by class instead of by a stated sentence length. Felonies are Class AA, A, B and C; misdemeanors are Class A and B; and the seventh class is infractions. Each class has a maximum penalty.1
- Felony theft starts at
- More than $1,000How theft is graded
- When a DUI is a felony
- A fourth or later DUI within 15 years is a Class C felony, with at least 1 year and 1 day in prison and a fine of at least $2,000. A first or second offense in a 7-year period is a Class B misdemeanor, and a third offense in a 7-year period is a Class A misdemeanor.2
Felony classes in North Dakota
From most to least serious: Class AA, Class A, Class B, Class C. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Class AA felony | Up to life; the court decides whether parole is possibleThe court must say whether the life sentence is with or without parole. With parole, the person cannot be considered by the parole board for 30 years, less sentence reduction earned for good conduct. | None set | N.D. Cent. Code § 12.1-32-01(1)1 |
| Class A felony | Up to 20 yearsThe court may impose prison, the fine, or both. | Up to $20,000 | N.D. Cent. Code § 12.1-32-01(2)1 |
| Class B felony | Up to 10 yearsThe court may impose prison, the fine, or both. | Up to $20,000 | N.D. Cent. Code § 12.1-32-01(3)1 |
| Class C felony | Up to 5 yearsThe court may impose prison, the fine, or both. | Up to $10,000 | N.D. Cent. Code § 12.1-32-01(4)1 |
Misdemeanor classes in North Dakota
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 360 days | Up to $3,000 | N.D. Cent. Code § 12.1-32-011 |
| Class B misdemeanor | Up to 30 days | Up to $1,500 | N.D. Cent. Code § 12.1-32-011 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Infraction | Fine of up to $1,000; no jailA person with two earlier convictions for the same infraction within one year before the offense may be sentenced as though convicted of a Class B misdemeanor, if the complaint says the offense is a misdemeanor. | N.D. Cent. Code § 12.1-32-01(7)1 |
Good to know
A court can impose an extended sentence on a person it finds to be a "dangerous special offender" or a "habitual offender" (for example, an adult with two earlier felony convictions for felonies committed at different times as an adult): up to life for a Class A felony, 20 years for a Class B felony and 10 years for a Class C felony.1
The class limits above are maximums. Section 12.1-32-01 does not forbid extended sentences under section 12.1-32-09.1
When theft is a felony in North Dakota
In North Dakota, theft of property or services worth more than $1,000 is a Class C felony (up to 5 years in prison). It is a Class B felony above $10,000 and a Class A felony above $50,000. Firearms, livestock, credit cards and some other items are Class C felonies at any value. Other theft is a Class A misdemeanor, or a Class B misdemeanor for a first offense of $500 or less that was shoplifting or meets other listed conditions.3
N.D. Cent. Code § 12.1-23-05(1)-(5) · Felony theft amounts in every state
DUI in North Dakota
North Dakota's statute does not use a short name. It bars driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs, or with an alcohol concentration of at least 0.08%, and it treats refusing a chemical test as a violation of the same section. It is commonly called DUI.
- Repeat offenses
- A fourth or later DUI within 15 years is a Class C felony, with at least 1 year and 1 day in prison and a fine of at least $2,000. A first or second offense in a 7-year period is a Class B misdemeanor, and a third offense in a 7-year period is a Class A misdemeanor.
- Which past offenses count
- 7 years for counting a second or third offense. 15 years for a fourth or later offense. Convictions under a city ordinance or another state's equivalent law count if committed within the time limits.
- Other felony versions
- Causing a death while violating the DUI law is criminal vehicular homicide, a Class A felony with at least 3 years in prison (at least 10 years with an earlier DUI or reckless driving conviction). Causing substantial bodily or serious bodily injury is criminal vehicular injury, a Class B felony with at least 1 year and 1 day (at least 2 years with an earlier DUI or reckless driving conviction). DUI with a minor in the vehicle, by a driver 21 or older, is a Class A misdemeanor, or a Class C felony if the person has an earlier conviction for that same offense.
N.D. Cent. Code §§ 39-08-01(3), (5), 39-08-01.2, 39-08-01.42 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in North Dakota?
North Dakota sorts crimes by class instead of by a stated sentence length. Felonies are Class AA, A, B and C; misdemeanors are Class A and B; and the seventh class is infractions. Each class has a maximum penalty.
What is a Class AA felony in North Dakota?
In North Dakota, the prison range for a Class AA felony is up to life; the court decides whether parole is possible. The court must say whether the life sentence is with or without parole. With parole, the person cannot be considered by the parole board for 30 years, less sentence reduction earned for good conduct.
What is a Class A felony in North Dakota?
In North Dakota, the prison range for a Class A felony is up to 20 years, and the fine is up to $20,000. The court may impose prison, the fine, or both.
What is a Class B felony in North Dakota?
In North Dakota, the prison range for a Class B felony is up to 10 years, and the fine is up to $20,000. The court may impose prison, the fine, or both.
What is a Class C felony in North Dakota?
In North Dakota, the prison range for a Class C felony is up to 5 years, and the fine is up to $10,000. The court may impose prison, the fine, or both.
What is a Class A misdemeanor in North Dakota?
In North Dakota, the jail range for a Class A misdemeanor is up to 360 days, and the fine is up to $3,000.
What is a Class B misdemeanor in North Dakota?
In North Dakota, the jail range for a Class B misdemeanor is up to 30 days, and the fine is up to $1,500.
How much theft is a felony in North Dakota?
In North Dakota, theft of property or services worth more than $1,000 is a Class C felony (up to 5 years in prison). It is a Class B felony above $10,000 and a Class A felony above $50,000. Firearms, livestock, credit cards and some other items are Class C felonies at any value. Other theft is a Class A misdemeanor, or a Class B misdemeanor for a first offense of $500 or less that was shoplifting or meets other listed conditions.
Is a DUI a felony in North Dakota?
A fourth or later DUI within 15 years is a Class C felony, with at least 1 year and 1 day in prison and a fine of at least $2,000. A first or second offense in a 7-year period is a Class B misdemeanor, and a third offense in a 7-year period is a Class A misdemeanor. Causing a death while violating the DUI law is criminal vehicular homicide, a Class A felony with at least 3 years in prison (at least 10 years with an earlier DUI or reckless driving conviction). Causing substantial bodily or serious bodily injury is criminal vehicular injury, a Class B felony with at least 1 year and 1 day (at least 2 years with an earlier DUI or reckless driving conviction). DUI with a minor in the vehicle, by a driver 21 or older, is a Class A misdemeanor, or a Class C felony if the person has an earlier conviction for that same offense.
These are the general ranges in North Dakota's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in North Dakota" https://secondchanceindex.com/felony-classes/north-dakota, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- N.D. Cent. Code § 12.1-32-01
- N.D. Cent. Code §§ 39-08-01(3), (5), 39-08-01.2, 39-08-01.4
- N.D. Cent. Code § 12.1-23-05(1)-(5)
- N.D.C.C. Chapter 12.1-32 Penalties and Sentencing (§§ 12.1-32-01, 12.1-32-09)North Dakota Legislative Branch (Century Code)
- N.D.C.C. Chapter 12.1-23 Theft and Related Offenses (§ 12.1-23-05)North Dakota Legislative Branch (Century Code)
- N.D.C.C. Chapter 39-08 Highway Safety Regulation (§§ 39-08-01, 39-08-01.2, 39-08-01.4)North Dakota Legislative Branch (Century Code)
- North Dakota Century Code (index and update notice)North Dakota Legislative Branch
- 2025 Session Laws: Century Code sections affected by billNorth Dakota Legislative Branch
- Effective Dates of 2025-26 LegislationNorth Dakota Legislative Council
- Special Session (Sep 2026) measure directoryNorth Dakota Legislative Branch