South Dakota criminal charge
Commission of felony while armed with firearms in South Dakota
Commission of felony while armed with firearms is a criminal offense under South Dakota law, defined by SDCL § 22-14-12. 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 § 22-14-12.
How is commission of felony while armed with firearms classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First conviction - armed with firearm during felony | Class 2 Felony | Applies when a person commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, and it is the first such conviction. | SDCL § 22-14-12undefined |
| Second or subsequent conviction - armed with firearm during felony | Class 1 Felony | Applies when a person is convicted a second or subsequent time of committing or attempting to commit a felony while armed with a firearm. | SDCL § 22-14-12undefined |
Common questions about commission of felony while armed with firearms in South Dakota
Is commission of felony while armed with firearms a felony or a misdemeanor in South Dakota?
It depends on the circumstances: commission of felony while armed with firearms ranges from a Class 2 Felony to a Class 1 Felony in South Dakota under SDCL § 22-14-12.
First conviction - armed with firearm during felony: Class 2 Felony (SDCL § 22-14-12) · Second or subsequent conviction - armed with firearm during felony: Class 1 Felony (SDCL § 22-14-12)
Which South Dakota statute covers commission of felony while armed with firearms?
Commission of felony while armed with firearms is governed by SDCL § 22-14-12 (Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence).
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.