South Dakota criminal charge
Attempt in South Dakota
Attempt is a criminal offense under South Dakota law, defined by SDCL § 22-4-1. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-4-1.
What is the penalty for attempt in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 25 years (Attempt to commit Class A, B, or C felony — Applies when the underlying crime attempted is a Class A, Class B, or Class C felony.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Attempt to commit Class A, B, or C felony — Applies when the underlying crime attempted is a Class A, Class B, or Class C felony.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is attempt classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt to commit Class A, B, or C felony | Class 2 Felony | Applies when the underlying crime attempted is a Class A, Class B, or Class C felony. | SDCL § 22-4-1undefined |
Common questions about attempt in South Dakota
Is attempt a felony or a misdemeanor in South Dakota?
What are the penalties for attempt in South Dakota?
Penalties for attempt in South Dakota depend on how it is classified — from a Class 2 Felony up to a Class 2 Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.
Which South Dakota statute covers attempt?
Attempt is governed by SDCL § 22-4-1 (Attempt--Punishment).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.