Discover five crucial points about the statute of limitations in North Dakota for various crimes. Click here to stay informed and meet all deadlines.
According to the North Dakota Government website, the state had 6,015 cases of drug and alcohol-related crimes in 2023, a 2.54% increase from 2022. The state also saw more arrests for these cases, jumping by 6.33% from 2022’s count.
If you or a loved one is facing a potential charge or arrest for a drug or alcohol-related case, it’s imperative to learn more about the statute of limitations in North Dakota. However, it’s just as crucial if the case is for a civil action or another type of crime.
Statutes of limitations are time limits for prosecution and the maximum time in which a plaintiff, a party who brings a legal case against another, can initiate legal proceedings. So, the validity of a plaintiff’s case also depends on when they claim the offense occurred versus when they filed a case.
Read on, as our criminal defense law firm, Heartland Law Office, will discuss facts about these legal deadlines in ND.
1. Statute of Limitations in North Dakota for Civil Cases
As the State of North Dakota Courts explains, civil cases are private issues involving people against other people or organizations. As such, they don’t include jail time. However, depending on the nature of the offense, they can still result in hefty fines and penalties.
Examples of civil cases are family matters like divorce and child custody disputes. Anyone can file these actions anytime, and there’s no statute of limitations to abide by.
However, other civil cases have time limits, like contracts and debts. For example, contract-related disputes have a six-year statute of limitations (North Dakota Century Code § 28-01-16(1) for written contracts and § 28-01-16(1) for oral). Debt collection also has a six-year statute of limitations (§ 28-01-16(1)).
2. ND Statute of Limitations for Misdemeanors
Misdemeanors are criminal offenses regarded as less severe than felonies. They include crimes such as:
- Low-level assault
- Trespassing
- Property crimes
- Prostitution
- Hazing without injuries
- Engaging in a riot
Under ND legal statutes § 29-04-03, most misdemeanors or infractions have a two-year statute of limitations. For example, a property crime and theft victim must file a case against the perpetrator within two years of the crime’s occurrence or the discovery of the theft.
Other misdemeanors, such as trespassing, property damage, and personal injury, have lengthier deadlines of six years, per ND Century Code § 28-01-16.
3. ND Statute of Limitations for Felonies
Felonies, in terms of severity, are the worst crimes. North Dakota criminal law further classifies felonies into four:
- Class AA
- Class A
- Class B
- Class C
The statute of limitations for felonies depends on which class they belong to.
Class AA Felonies
Class AA felonies are the most severe type, such as murder and sexual abuse of minors. Under ND Century Code § 29-04-01, no time limitation applies to murder cases.
For sexual abuse of minors, the statute of limitations is 21 years from the date of the first offense, per ND Century Code § 29-04-03.1. If the plaintiff fails to report the offense within this provided period, the deadline shortens to three years within the time they reported the crime to law enforcement authorities.
Class A Felonies
Class A felonies are less severe than Class AA. However, they can still result in jail time of up to 20 years maximum and fines of up to $20,000, per ND Century Code § 12.1-32-01.
An example of a Class A felony is the sex trafficking of adults. Under ND Statutes § 29-04-02.1, the time limits for prosecuting such crimes are within seven years of the offense’s commencement.
Class B Felonies
Under ND Century Code § 12.1-32-01, Class B felonies have a maximum penalty of $20,000 and up to ten years of imprisonment. Examples of crimes that belong to this category are sex offenses, such as sexual imposition. For sexual imposition cases, the statute of limitation is seven years.
Class C Felonies
Class C felonies may be the “least” severe of felony charges, but they can still carry a fine of up to $10,000, up to 5 years of imprisonment, or both, per ND Century Code § 12.1-32-01. An example of a Class C felony is when a person gets charged with their fourth driving under the influence (DUI) case within 15 years, according to the ND Department of Transportation.
So, even if a DUI case doesn’t result in property damage or injury, if it’s the fourth time a person in ND gets caught committing this crime, they can get charged with a Class C felony. In addition, they’d have to undergo two years of supervised probation and an addiction evaluation.
The statute of limitation for class C felonies is generally three years, per ND Century Code § 29-04-02.
4. Extension of ND Statute of Limitations for Certain Offenses
Criminal law in North Dakota allows for extending the statutes of limitations for certain offenses.
For example, suppose a person initially gets charged with a second DUI offense in North Dakota, a Class B misdemeanor. However, the other driver involved in the incident then claims they sustained injuries they didn’t initially think they had (e.g., a severe traumatic head injury). In this case, the applicable statute of limitations is for injury to a person, which, under ND Century Code § 28-01-16, is six years.
5. How a Criminal Defense Law Firm Can Help
If someone has brought a civil or criminal lawsuit against you or someone you care about, please don’t delay seeking help from a trustworthy and experienced criminal defense law firm, such as Heartland Law Office. Our attorneys can review the details of the case filed against you and determine if it has exceeded the statute of limitations. If it has, we can work to get your charges dropped.
Even if the lawsuit is valid, you can still expect us to assist you in building a solid legal defense. With our expertise, skills, and in-depth knowledge, we’ll do everything possible to get you the best possible outcome, such as minimizing the charges, penalties, and fines you or your loved one may face.
Contact Heartland Law Office Today
The statute of limitations in North Dakota can make or break a civil or criminal case brought against you or a loved one. Therefore, it would be in your best interest to enlist the help of a lawyer specializing in your case.
Let Heartland Law Office defend you during such turbulent times. With over a dozen years of criminal and civil law courtroom experience, you can rely on our expertise.
Contact us today to request your case evaluation!