South Dakota criminal charge
Resisting arrest in South Dakota
Resisting arrest is a Class 1 Misdemeanor under South Dakota criminal law, defined by SDCL § 22-11-4. As a Class 1 Misdemeanor, it is punishable within the statutory sentencing range South Dakota sets for that offense class. South Dakota sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.
Defined by SDCL § 22-11-4.
What is the penalty for resisting arrest in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (no statutory minimum) | discretionary | SDCL § 22-6-2 |
Applies to current.
Common questions about resisting arrest in South Dakota
Is resisting arrest a felony or a misdemeanor in South Dakota?
Resisting arrest is a Class 1 Misdemeanor in South Dakota under SDCL § 22-11-4.
What are the penalties for resisting arrest in South Dakota?
As a Class 1 Misdemeanor, resisting arrest carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).
Which South Dakota statute covers resisting arrest?
Resisting arrest is governed by SDCL § 22-11-4 (Resisting arrest--Misdemeanor).
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.