{"data":{"id":"us-nd/n.d.-cent.-code-12.1-32-07.4","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 12.1-32-07.4","heading":"Presumptive probation","body":"1.The sentencing court shall sentence an individual who has pled guilty to, or has been found guilty of, a class C felony offense or class A misdemeanor offense to a term of probation at the time of initial sentencing, except for an offense involving domestic violence; an offense subject to registration under section 12.1-32-15; an offense involving a firearm or dangerous weapon, explosive, or incendiary device; or if a mandatory term of incarceration is required by law.\n2.The sentencing court may impose a sentence of imprisonment if the sentencing court finds there are aggravating factors present to justify a departure from presumptive probation. Aggravating factors include:\na.That the individual has plead guilty to, or has been found guilty of, a felony offense or class A misdemeanor offense prior to the date of the commission of the offense or offenses charged in the complaint, information, or indictment;\nb.The age and vulnerability of the victim, whether the individual was in a position of responsibility or trust over the victim, or whether the individual abused a public position of responsibility or trust; or\nc.If the individual used force, threats, or coercion in the commission of the offense.\n3.This section does not preclude the sentencing court from deferring imposition of sentence in accordance with subsection 4 of section 12.1-32-02 or sentencing an individual to a term of incarceration with credit for time spent in custody if execution of the sentence is suspended.","path":["Title 12.1 Criminal Code","Chapter 12.1-32 Penalties And Sentencing"],"source_url":"https://ndlegis.gov/cencode/t12-1c32.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"033d2c2b6182e6eed7978678b5946ffb7f2991296c9cd0268e17ef4a77950f3d","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-12.1-32-07.3","next":"us-nd/n.d.-cent.-code-12.1-32-08"},"notice":"GroundRules: Original legal text. Not legal advice."}