In North Dakota, there are a number of different types of theft offenses. These offenses include the theft of property, theft of services, the unauthorized use of a vehicle, and misapplication of entrusted property, among others. Generally, an individual is guilty of theft if they knowingly take or exercise unauthorized control over, or make an unauthorized transfer of an interest in the property of another, with the intent to deprive the owner of such property.
The level of offense you will be charged with depends on the amount of money or the value of the items that you have allegedly stolen. You will be charged with a Class A Felony if the property or services you have stolen exceeds $50,000; a Class B Felony if the amount exceeds $10,000 but is less than $50,000; a Class C Felony if the amount allegedly was stolen exceeds $1,000; all other theft offenses are considered a Class A Misdemeanor unless the value of the property did not exceed $500 and 1) the theft was not committed by threat, 2) the theft was not committed by deception by one who stood in a confidential or fiduciary relationship to the alleged victim and 3) you are not a public servant or an officer or employee of a financial institution who committed the theft in the course of official duties.
If you are charged with burglary, the State is alleging that you willfully entered or surreptitiously remained in a building or occupied structure when at the time the premises were not open to the public, and you were not licensed, invited, or otherwise privileged to enter or remain at that property, with the intent to commit a crime therein.
Burglary is a Class B felony if the offense was committed at night and was knowingly perpetrated in the dwelling of another, or if while entering, while inside the premises, or while leaving the location, the individual inflicts or attempts to inflict bodily injury or physical restraint on another, or is armed with a firearm or other weapon the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury. Otherwise, burglary is a Class C Felony.
In North Dakota, a person is guilty of robbery, if, in the course of committing a theft, they inflict or attempt to inflict bodily injury upon another, or they threaten another with an imminent bodily injury. Robbery is a Class A Felony if the actor fires a firearm or directs the force of any other dangerous weapon against another. Robbery is a Class B Felony if the robber possesses or pretends to possess a firearm, destructive device, or other dangerous weapons, or menaces another with serious bodily injury, or inflicts bodily injury upon another, or is aided by an accomplice actually present. Otherwise, Robbery is a Class C Felony.
Felonies Or Misdemeanors
Penalties for the offenses listed above:
North Dakota law declares that a Class A Felony offense can result in a maximum penalty of twenty years’ imprisonment, a fine of $20,000, or both.
- A Class B Felony offense can result in a sentence of up to ten years in prison and/or a fine of $20,000.
- A Class C Felony offense incurs the potential for a maximum of five years in prison and/or a $10,000 fine.
- A Class A Misdemeanor is subject to a maximum of one year in prison and/or a $3,000 fine.
- A Class B Misdemeanor may result in a maximum of thirty days in prison and/or a $1,500 fine.
Contact SW&L Attorneys Today
Theft, burglary, and robbery are serious crimes. By contacting attorneys Nathan Severson or Adam Justinger in Fargo, you can rest assured that they will investigate and utilize the best possible defense in each individual case. At Severson, Wogsland, & Liebl, P.C., we represent clients throughout North Dakota with theft-related cases. Call us today at 701-297-2890.