South Dakota Felony Charges and Penalties by Class

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The State of South Dakota defines a felony as a crime which is or may be punishable by imprisonment in the state penitentiary. There are nine separate classes of felony crimes in South Dakota.

Felony Offenses and Sentencing for Convictions in South Dakota

In South Dakota, felonious offenses are classified as Class A through C and Class 1 through 6.  The following provides an overview of these classes, examples of crimes which come within each classification and the sentence imposed in each class.

Felony Classification Criminal Charge Sentencing: Jail Time and Fines

Class A Felony

  • murder

 

Death or life imprisonment and a fine of $50,000.00.

Class B Felony

  • aggravated kidnapping
  • arson

Up to life imprisonment and a fine of $50,000.00.

Class C Felony

  • manslaughter, 1st degree
  • kidnapping, 1st degree
  • rape

Up to life imprisonment and a fine of $50,000.00.

Class 1 Felony

  • aggravated kidnapping, 2nd degree
  • sexual crimes

Up to 50 years imprisonment and a fine of $50,000.00.

Class 2 Felony

Up to 25 years imprisonment and a fine of $50,000.00.

Class 3 Felony

  • vehicular homicide
  • sexual conduct with a minor
  • burglary

Up to 15 years imprisonment and a fine of $30,000.00.

Class 4 Felony

  • manslaughter, 2nd degree
  • theft

Up to 10 years imprisonment and a fine of $20,000.00.

Class 5 Felony

Up to 5 years imprisonment and a fine of $10,000.00.

Class 6 Felony

  • killing an on-duty police service dog
  • felonious stalking

Up to 2 years imprisonment and a fine of $4,000.00.

 

Felony Records and Expungement in South Dakota

There is no statutory authority for the expungement of criminal felony records in the State of South Dakota.

Statute of Limitations in South Dakota

In the State of South Dakota, there are various time limitations for which a criminal prosecution may be files for a felony.  These limitations are as follows:

No limitation: murder, Class A, B or 1 felony crime
7 years: all other felonies

View all Criminal Statutes in South Dakota

Help from a Lawyer in South Dakota for Felony Charges

A criminal felony is a serious legal matter; therefore, if one is charged with a felony crime in the State of South Dakota, one should retain the services of an experienced criminal defense attorney as quickly as possibly.  An experienced criminal law attorney can not only assist one in preserving one’s legal rights, but also an attorney can help navigate one through the process and help direct on in selecting the appropriate course of action, if necessary.

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