South Dakota criminal charge
Violation a felony in South Dakota
Violation a felony is a criminal offense under South Dakota law, defined by SDCL § 22-25A-10. 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 § 22-25A-10.
What is the penalty for violation a felony in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 2 years (First offense violation of § 22-25A-7 or § 22-25A-8 — Applies when the person commits a first offense violation of § 22-25A-7 or § 22-25A-8.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (First offense violation of § 22-25A-7 or § 22-25A-8 — Applies when the person commits a first offense violation of § 22-25A-7 or § 22-25A-8.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Second or subsequent offense violation of § 22-25A-7 or § 22-25A-8 — Applies when the person commits a second or subsequent offense violation of § 22-25A-7 or § 22-25A-8.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Second or subsequent offense violation of § 22-25A-7 or § 22-25A-8 — Applies when the person commits a second or subsequent offense violation of § 22-25A-7 or § 22-25A-8.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is violation a felony classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense violation of § 22-25A-7 or § 22-25A-8 | Class 6 Felony | Applies when the person commits a first offense violation of § 22-25A-7 or § 22-25A-8. | SDCL § 22-25A-10undefined |
| Second or subsequent offense violation of § 22-25A-7 or § 22-25A-8 | Class 5 Felony | Applies when the person commits a second or subsequent offense violation of § 22-25A-7 or § 22-25A-8. | SDCL § 22-25A-10undefined |
Common questions about violation a felony in South Dakota
Is violation a felony a felony or a misdemeanor in South Dakota?
It depends on the circumstances: violation a felony ranges from a Class 6 Felony to a Class 5 Felony in South Dakota under SDCL § 22-25A-10.
First offense violation of § 22-25A-7 or § 22-25A-8: Class 6 Felony (SDCL § 22-25A-10) · Second or subsequent offense violation of § 22-25A-7 or § 22-25A-8: Class 5 Felony (SDCL § 22-25A-10)
What are the penalties for violation a felony in South Dakota?
Penalties for violation a felony in South Dakota depend on how it is classified — from a Class 6 Felony up to a Class 5 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 violation a felony?
Violation a felony is governed by SDCL § 22-25A-10 (Violation a felony).
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.