South Dakota criminal charge
Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer in South Dakota
Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer is a criminal offense under South Dakota law, defined by SDCL § 22-18-1.05. 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 § 22-18-1.05.
What is the penalty for simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, department of corrections employee or contractor, health care personnel, or other public officer in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 2 years (Simple assault against protected officer/employee — Simple assault as defined in § 22-18-1 is committed against a law enforcement officer, firefighter, ambulance service personnel, DOC employee or contractor, or other public officer while that person was performing their duties.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Simple assault against protected officer/employee — Simple assault as defined in § 22-18-1 is committed against a law enforcement officer, firefighter, ambulance service personnel, DOC employee or contractor, or other public officer while that person was performing their duties.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 25 years (Aggravated assault against protected officer/employee — Aggravated assault as defined in § 22-18-1.1 is committed against a law enforcement officer, firefighter, ambulance service personnel, DOC employee or contractor, or other public officer while that person was performing their duties.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Aggravated assault against protected officer/employee — Aggravated assault as defined in § 22-18-1.1 is committed against a law enforcement officer, firefighter, ambulance service personnel, DOC employee or contractor, or other public officer while that person was performing their duties.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, department of corrections employee or contractor, health care personnel, or other public officer classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Simple assault against protected officer/employee | Class 6 Felony | Simple assault as defined in § 22-18-1 is committed against a law enforcement officer, firefighter, ambulance service personnel, DOC employee or contractor, or other public officer while that person was performing their duties. | SDCL § 22-18-1.05undefined |
| Aggravated assault against protected officer/employee | Class 2 Felony | Aggravated assault as defined in § 22-18-1.1 is committed against a law enforcement officer, firefighter, ambulance service personnel, DOC employee or contractor, or other public officer while that person was performing their duties. | SDCL § 22-18-1.05undefined |
Common questions about simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, department of corrections employee or contractor, health care personnel, or other public officer in South Dakota
Is simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer a felony or a misdemeanor in South Dakota?
It depends on the circumstances: simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer ranges from a Class 6 Felony to a Class 2 Felony in South Dakota under SDCL § 22-18-1.05.
Simple assault against protected officer/employee: Class 6 Felony (SDCL § 22-18-1.05) · Aggravated assault against protected officer/employee: Class 2 Felony (SDCL § 22-18-1.05)
What are the penalties for simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer in South Dakota?
Penalties for simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer in South Dakota depend on how it is classified — from a Class 6 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 simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer?
Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer is governed by SDCL § 22-18-1.05 (Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer).
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.