South Dakota criminal charge
Simple assault in South Dakota
Simple assault is a criminal offense under South Dakota law, defined by SDCL § 22-18-1. 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 § 22-18-1.
What is the penalty for simple assault in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Simple assault (base offense) — Applies when a person commits any of the enumerated acts constituting simple assault (attempted or reckless or negligent or intentional bodily injury, or threat causing fear of imminent bodily harm).; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Simple assault (base offense) — Applies when a person commits any of the enumerated acts constituting simple assault (attempted or reckless or negligent or intentional bodily injury, or threat causing fear of imminent bodily harm).) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Simple assault — third offense — Applies when the current offense is the defendant's third qualifying assault-related conviction within ten years.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Simple assault — third offense — Applies when the current offense is the defendant's third qualifying assault-related conviction within ten years.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Simple assault — fourth offense — Applies when the current offense is the defendant's fourth qualifying assault-related conviction within ten years.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Simple assault — fourth offense — Applies when the current offense is the defendant's fourth qualifying assault-related conviction within ten years.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 10 years (Simple assault — fifth or subsequent offense — Applies when the current offense is the defendant's fifth or later qualifying assault-related conviction within ten years.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Simple assault — fifth or subsequent offense — Applies when the current offense is the defendant's fifth or later qualifying assault-related conviction within ten years.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is simple assault classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Simple assault (base offense) | Class 1 Misdemeanor | Applies when a person commits any of the enumerated acts constituting simple assault (attempted or reckless or negligent or intentional bodily injury, or threat causing fear of imminent bodily harm). | SDCL § 22-18-1undefined |
| Simple assault — third offense | Class 6 Felony | Applies when the current offense is the defendant's third qualifying assault-related conviction within ten years. | SDCL § 22-18-1undefined |
| Simple assault — fourth offense | Class 5 Felony | Applies when the current offense is the defendant's fourth qualifying assault-related conviction within ten years. | SDCL § 22-18-1undefined |
| Simple assault — fifth or subsequent offense | Class 4 Felony | Applies when the current offense is the defendant's fifth or later qualifying assault-related conviction within ten years. | SDCL § 22-18-1undefined |
Common questions about simple assault in South Dakota
Is simple assault a felony or a misdemeanor in South Dakota?
It depends on the circumstances: simple assault ranges from a Class 1 Misdemeanor to a Class 4 Felony in South Dakota under SDCL § 22-18-1.
Simple assault (base offense): Class 1 Misdemeanor (SDCL § 22-18-1) · Simple assault — third offense: Class 6 Felony (SDCL § 22-18-1) · Simple assault — fourth offense: Class 5 Felony (SDCL § 22-18-1) · Simple assault — fifth or subsequent offense: Class 4 Felony (SDCL § 22-18-1)
What are the penalties for simple assault in South Dakota?
Which South Dakota statute covers simple assault?
Simple assault is governed by SDCL § 22-18-1 (Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states).
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.