North Dakota Assault Penalties (2026)

Simple assault and aggravated assault charges charges in North Dakota: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing assault charges in North Dakota, consult a licensed North Dakota criminal defense attorney.

North Dakota Assault Penalties

OffensePenalty
First OffenseClass B misdemeanor: up to 30 days jail, $1,500 fine
Second OffenseClass A misdemeanor or Class C felony: up to 5 years

NDCC §12.1-17-01; simple assault is misdemeanor

Assault Statute of Limitations in North Dakota

In North Dakota, the statute of limitations for assault is generally 3 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in North Dakota.

See all North Dakota statutes of limitations →

Defending Against Assault Charges in North Dakota

Common defenses in North Dakota assault cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a North Dakota criminal defense attorney for advice.

Related North Dakota Laws