Criminal offenses under state and federal laws are generally categorized by the seriousness of the crime as felonies (more serious) or misdemeanors (less serious). Felonies are offenses that generally may result in prison sentences of more than one year, and misdemeanors carry sentences of one year or less. The United States Congress sets the penalties for all federal criminal offenses, and thus decides which criminal offenses are felonies and which are misdemeanors. And the state legislature in each state decides which criminal offenses are felonies and which are misdemeanors under state law.
In North Dakota, as in other states, criminal offenses are categorized into felonies and misdemeanors based on their severity. Felonies are considered more serious crimes and typically carry potential prison sentences of more than one year. Misdemeanors are less serious offenses with maximum sentences of one year or less, often served in a county jail instead of a state prison. The classification of crimes and the corresponding penalties at the federal level are determined by the United States Congress. Similarly, the North Dakota state legislature is responsible for defining state criminal offenses and their classification as either felonies or misdemeanors, as well as setting the penalties for each. The North Dakota Century Code contains the state's criminal statutes, including the definitions and penalties for various offenses.