North Dakota Burglary Penalties (2026)

Burglary and breaking-and-entering 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 burglary charges in North Dakota, consult a licensed North Dakota criminal defense attorney.

North Dakota Burglary Penalties

OffensePenalty
First OffenseClass B felony: up to 10 years prison
Second OffenseClass A felony: up to 20 years prison

NDCC §12.1-22-02; 1st degree involves inhabited building or dangerous weapon

Burglary Statute of Limitations in North Dakota

In North Dakota, the statute of limitations for theft and property crimes is generally 3 years.

See all North Dakota statutes of limitations →

Defending Against Burglary Charges in North Dakota

Common defenses in North Dakota burglary 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

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication