Is Embezzlement a Felony in North Dakota?

Is Embezzlement a Felony in North Dakota?

Is embezzlement a felony? Learn the legal implications and charges in North Dakota. Read on for expert insights and find out how this affects your case.

According to the official North Dakota Government website, in 2023, the state recorded 18,831 property crime cases. It shows an overall 7.44% dip from the previous year’s count, but some property crimes, such as embezzlement, increased. In 2023, the state had 121 embezzlement cases, a 5.22% jump from 2022.

The ND Government defines embezzlement as a person’s unlawful misappropriation, use, or purpose of money, property, or thing of value entrusted to them by someone else. 

What about its severity, then? Is embezzlement a felony in North Dakota? And how does the state punish those guilty of such a property crime?

In this guide, our team at Heartland Law Office will discuss embezzlement laws in North Dakota, if the state considers them felony, and their corresponding penalties.

Is Embezzlement a Felony in North Dakota?

North Dakota Century Code § 12.1-23-01 consolidates theft offenses. Under this law, embezzlement is a theft-related offense.

Embezzlement cases in North Dakota can constitute felony charges depending on the amount involved. Per ND Century Code § 12.1-23-05, theft and theft-related offenses can be:

• A class A felony for stolen property or services whose value exceeds $50,000
• A class B felony if the value exceeds $10,000 but not over $50,000
• A class C felony if the value exceeds $1,000

ND Century Code § 12.1-23-05 also makes attempts to commit theft or embezzlement equally punishable as completed offenses. For example, suppose a person attempts to embezzle property or services worth over $50,000, which constitutes a class A felony. If they took every step necessary to commit the crime, apart from receiving the funds, the court would still find them guilty of a class A felony.

When Is Embezzlement in ND Not a Felony?

Not all embezzlement cases are felonies; they can also be misdemeanors.

Suppose a person commits theft of any property or service valued at $500 or less for their unlawful personal gain and does so through embezzlement. In this case, they may face a class A misdemeanor charge. However, the court shall only charge someone guilty of a class B misdemeanor if the property crime, regardless of whether it was burglary or theft, did not involve embezzlement. 

What Are Embezzlement Penalties in North Dakota?

In North Dakota, penalties for embezzlement crimes depend on their specific classification. ND Century Code § 12.1-32-01 outlines the maximum imprisonment terms and monetary fines for each class of offense.

Class A Felonies

Embezzlement cases categorized as class A felonies carry the most severe punishments, including:

• A maximum imprisonment term of 20 years
• A maximum fine of $20,000
• Both imprisonment and monetary fine

Class B Felonies

An embezzlement charge that constitutes a class B felony may result in the following penalties:

• A maximum imprisonment term of 10 years
• A maximum fine of $20,000
• Both imprisonment and monetary fine

Class C Felonies

Individuals found by North Dakota courts guilty of a class C embezzlement felony case may face:

• A maximum imprisonment term of five years
• A maximum fine of $10,000
• Both imprisonment and monetary fine

Penalties for Misdemeanor Cases of Embezzlement

Although misdemeanor cases of embezzlement are the “least” severe of such charges, they still carry heavy penalties, including:

• A maximum imprisonment term of up to 365 days
• A maximum fine of $3,000
• Both imprisonment and monetary fine

The Long-Lasting Effects of Embezzlement Charges 

Getting jailed and paying thousands of dollars in fines are severe enough for those charged and convicted of embezzlement. Unfortunately, their effects don’t end there; according to CBS News, about half of people with criminal convictions face difficulties finding and maintaining a job or making a living. Criminal charges or records can also:

• Cause long-term reputation damage
• Affect your ability to get housing
• Reduce your chances of securing new credit

For those reasons, it’s in your best interest to seek professional North Dakota legal advice if you or someone you care about is facing a criminal charge.

Why Hire an Embezzlement Criminal Defense Lawyer in Bismarck, ND?

The possibility alone of facing thousands of dollars in fines and spending at least a year in jail should prompt you to hire a criminal defense lawyer in Bismarck, ND. They can help protect your rights by performing the following steps and procedures.

Review the Evidence Against You

First, expect your attorney to review the allegations and evidence against you. They’ll look for loopholes, mistakes, and suspicious claims. If they determine there isn’t enough proof or the evidence of the party suing you is weak, they’ll point this out in court and do their best to challenge it, which may be enough to get the charges dropped.

Your attorney will also assess witnesses, their testimonies, and their credibility. If there’s anything that suggests they aren’t trustworthy, your lawyer will use this as part of your defense.

Build a Solid Defense

A highly experienced criminal defense attorney will gather evidence to prove your innocence or that the party suing you has made exaggerated claims.

For example, suppose you’re facing an embezzlement charge despite the party suing you having given you prior permission to spend the money. In this case, your lawyer will look for proof of this permission. If they find it, they’ll get your charges dropped and, depending on the circumstances, sue the other party for their dishonesty and the pain and suffering they caused you.

Negotiate With the Other Party and the Court

If your lawyer can’t get your charges dismissed, they can still assist you by negotiating and reducing your possible penalties. For example, they may negotiate a lower monetary fine and a shorter, if not zero, jail time. 

Let Heartland Law Office Help Protect Your Future

Is embezzlement a felony in North Dakota? Now you know it can be if the amount is over $1,000.

However, even if the embezzlement charges you or someone you care about faces are only for a misdemeanor, you shouldn’t risk your future. Instead, speak with Heartland Law Office’s highly experienced criminal defense lawyer in Bismarck, ND. 

Our founder, Attorney Patrick Waters, founded Heartland Law Office in 2019 but has practiced law for 17 years. Attorney Waters (as well as our other lawyer, Attorney Travis Iversen) specializes in criminal law and family law. 

Reach out today so we can provide you with a case evaluation.