First Degree Felony in North Dakota

North Dakota’s crime classification is not degree-tiered like states such as Texas, Florida, and New Mexico. The state's criminal codes categorize crimes into alphabet-based classes based on type and severity. The categories include:

• Class AA
• Class A
• Class B
• Class C.

In North Dakota, FClass AA offenses are comparable to first-degree felonies in severity and punishment. This class contains serious crimes with the most severe penalties in North Dakota's criminal code. The types of crimes within North Dakota's Class AA crime category include murder, aggravated sexual assaults, and kidnapping with intent to harm.

N.D. Century Code (§ 12.1-32-01 ) (N.D.C.C.) defines Class AA offenses as the most serious category of crimes. These offenses result in mandatory life imprisonment without the possibility of parole. However, unlike other types of crimes, the penalties for Class AA offenses do not include fines.

Public Access to First Degree Felony Records in North Dakota

North Dakota permits public access to criminal records (including those relating to Class AA crimes). Per §6, Article XI of the North Dakota Constitution, all records or public or government bodies are public documents, and are open and accessible to interested individuals unless the laws state otherwise. North Dakota's Open Records Law also grants public access to most felony documents, with the exception of:

• Sealed or expunged records
• Juvenile records
• Sensitive information such as victims’ identities, sealed exhibits, and medical/mental health records.

North Dakota's Class AA felony records are accessible through the North Dakota Court Records Inquiry Portal. This online search portal provides free access to case records. Record seekers may also access these documents as part of Criminal History Checks through the North Dakota Bureau of Criminal Investigation (BCI).

For in-person access to full case files or certified copies of North Dakota's Class AA criminal records, mail, call, or visit the clerk's office of the District Court of the county where the crime occurred. Alternatively, access these documents through Public Access Terminals at the courthouses.

Common Crimes Classified as Class AA (First Degree) Felonies in North Dakota

First-degree felonies are the most common offenses aside from capital crimes. North Dakota categorizes crimes similar to first-degree felonies in severity as Class AA offenses. This classification category contains serious crimes, such as:

• Murder
• Gross sexual imposition
• Child rape
• Kidnapping with Intent to Harm
• Terrorizing resulting in death
• Felony murder
• Sexual exploitation/trafficking of minors (severe cases).

Getting stand-alone data for Class AA (first-degree) crimes in North Dakota is challenging. However, according to the North Dakota Bureau of Criminal Investigation, local law enforcement agencies within the state reported 49,515 Group A offenses in 2023. Based on the FBI’s estimated population of 783,926 for North Dakota as of 2023, this translates to 6316.2 per 100,000 persons, representing a 0.5% decrease in Class A crimes over the previous year.

Prison Sentences and Fines for Class AA (First Degree) Felonies in North Dakota

Except in certain serious cases, North Dakota uses the intermediate sentencing system rather than the fixed mandatory terms. Under the state's sentencing system, each offense class has a maximum sentence. For example, the following maximum sentences apply to the various classes of offense:

• Class AA felony - life imprisonment (with or without parole)
• Class A felony - up to 20 years
• Class B felony - up to 10 years
• Class C felony - up to 5 years.

Unlike some states, North Dakota does not have a sentencing guideline; judges apply discretion and impose sentences within these ranges unless a statute sets a mandatory minimum. Depending on the first-degree offense, a judge may order multiple sentences to run concurrently or consecutively. There are no statutory fines for North Dakota's Class AA felonies.

What is the Maximum Sentence for a Class AA (First Degree) Felony in North Dakota?

In North Dakota, a judge may impose a maximum sentence of life imprisonment, with or without parole, for a Class AA offense (first-degree felony). The state applies the same maximum term to all crimes within this class, unlike other states that have separate sentences for individual offenses. Judges have the discretion to determine the exact sentence based on the specific crime and any aggravating factors, using the maximum term as a cap. Due to the serious nature of these offenses, there is no minimum term. The exact length of the sentence ultimately depends on whether the judge allows parole.

What is First Degree Murder in North Dakota?

North Dakota does not classify murder using the first or second degree designations. Due to its seriousness, it is identified within a single statute. According to N.D.C.C. § 12.1-16-01, a person is guilty of murder by knowingly or intentionally causing the death of another person:

• By manifesting extreme indifference to the value of human life
• While committing or attempting to commit felonies, such as robbery, burglary, kidnapping, or gross sexual imposition.

North Dakota does not apply capital punishment for murder or any other crime. Similar to other Class AA offenses, the penalty for murder is life imprisonment with or without parole. However, the judge decides which version of the sentence is applicable based on case facts, such as the victim's age, premeditation, and cruelty. Murder convicts serving life imprisonment with parole may be eligible for early release after serving 30 years of their prison sentences.

Can First Degree Felony Records Be Sealed or Expunged in North Dakota?

Sealing of felony records is a court-ordered public restriction on these documents. However, these records are still accessible to law enforcement, the courts, and authorized entities. On the other hand, expungement of a felony record refers to the physical or electronic destruction of the document so that it no longer exists or is accessible in public or official files or databases.

In North Dakota, first-degree felony records (Class AA felonies) are not sealable or expungeable if they result in convictions. However, judges allow sealing and expungement for:

• Cases that were dismissed or resulted in acquittals
• Wrongful arrests or charges.

Public safety and rights to know outweigh the offender's right to move on in serious crimes such as murder, aggravated kidnapping, and child exploitation. Additionally, North Dakota's Victim's Right Law supports the permanence of felony crime records.

Difference Between First Degree and Second Degree Felonies in North Dakota

North Dakota does not classify crimes using the degree-based system. However, the state's classification system, first- and second-degree felonies, is comparable to Class AA and Class A offenses.

In North Dakota, the Class AA offense category describes the most serious crimes under the state’s criminal laws. Due to their severity, crimes in this category are punishable by up to life imprisonment without the possibility of parole. Class AA offenses include serious crimes, such as:

• Murder
• Child rape
• Aggravated kidnapping.

North Dakota's offense Class A is similar to second-degree felonies. Although this category also contains serious crimes, the law considers them less severe than those of Class AA offenses. Unlike Class AA, the maximum sentence for Class A offenses is 20 years imprisonment, in addition to fines that may rise to $20,000.00. Crimes within the Class A category include manslaughter, aggravated assault, and major drug crimes.

Statute of Limitations for Class AA (First Degree) Felony Charges in North Dakota

In a criminal case, the statute of limitations is the legal time limit that prosecutors have to file charges against a suspect. If prosecutors do not bring a suspect before a judge within this time frame, they lose the opportunity to legally prosecute them.

Under Chapter 29-04 of the North Dakota Century Code, the following statute of limitations apply to first-degree felonies (Class AA offenses):

• Murder - No statute of limitations
• Serious sexual crimes/human trafficking - 7 years
• Sexual abuse of minors - 21 years
• Other Class A offenses - 3 years.

Probation and Parole Eligibility for First Degree Felonies in North Dakota

Probation refers to a court-ordered period of supervision in the community for offenders, rather than incarceration. An offender may receive probation either as a stand-alone sentence or following a short jail term. Conversely, parole is the conditional release of prisoners before they complete their full sentences, allowing them to live within the community under supervision.

Per § 12.1-32-02 of the North Dakota Century Code, Class AA offenses are not eligible for probation if the statutes require mandatory prison terms. For crimes such as murder, aggravated sexual assault, and kidnapping with intent to harm, probation is not an option. However, in rare cases, judges may technically consider probation if the statute does not explicitly mandate life imprisonment without parole.

In North Dakota, parole does not apply to individuals serving life imprisonment without parole. Individuals serving life imprisonment with the possibility of parole are eligible for early release after 30 years. For other violent crimes, convicts must complete 85% of their prison terms. However, eligibility does not automatically translate to parole. The North Dakota Parole Board considers factors such as institutional behavior, risk to the community, and input from victims before granting parole.

Impact of a First Degree Felony Conviction on Criminal Records in North Dakota

A Class AA felony conviction in North Dakota may have serious, long-term consequences that may extend beyond the mandatory penalties. In North Dakota, most Class AA criminal case files are public and accessible. This may negatively affect their owners’ job prospects, housing options, and social standings. Additionally, a Class AA felony convict in North Dakota loses the right to possess firearms for 10 years from the conviction date. A felon cannot vote or hold public office while incarcerated.

For non-U.S. citizens, a felony conviction in North Dakota may have long-term repercussions. A felony record may be grounds for deportation and may result in the individual being inadmissible to the United States. A North Dakota Class AA felony record may delay or permanently prevent a non-citizen from becoming a U.S. citizen.