Misdemeanor By Disposition In North Dakota
In North Dakota, a useful law over the years for defendants charged with felonies is the misdemeanor by disposition statute. N.D.C.C. § 12.1-32-02(9) states that “[a] person who is convicted of a felony and sentenced to imprisonment for not more than three hundred sixty days is deemed to have been convicted of a misdemeanor.” This provision has been interpreted to include one’s entire imprisonment sentence, even stayed time. Hence, a sentence of 366 days, with all but one day suspended would not be covered under the statute. Whereas, a straight sentence of 359 days of imprisonment would be covered. However, [...]