South Dakota's Simple and Aggravated Assault Laws

A person facing assault or aggravated assault charges in South Dakota can face jail or prison time. Assault convictions carry serious immediate and future consequences.

Understanding Assault Charges in South Dakota

Assault charges in South Dakota stem from unlawful acts to harm or attempt to harm another person or to place another in fear of harm or death. The seriousness of the charges generally increases along with the level or risk of harm involved in the assault. Below are a few definitions to aid in distinguishing South Dakota's assault charges.

Bodily injuries include physical pain, bruises, cuts, scratches, swelling, and other types of harm that do not rise to the level of grave injuries.

Serious bodily injuries are grave injuries that place one at risk of "danger to life, health, or limb." Examples can include broken bones, severe burns, damage to internal organs, injuries compromising one's airway, and gunshot or stab wounds.

Dangerous or deadly weapons include any firearm, stun gun, knife, or any device or substance designed to cause serious bodily injuries or death or that can be used to inflict this level of harm. For example, a baseball bat, crowbar, log, or brick could be used as a dangerous weapon.

(S.D. Codified Laws § 22-1-2 (2024).)

What Is Simple Assault in South Dakota?

A person commits simple assault in South Dakota by:

• intentionally or recklessly causing bodily injuries to another, or
• negligently causing bodily injuries to another with a dangerous weapon.

Even if no injuries result, prosecutors can file simple assault charges when a defendant:

• attempts to cause another bodily injury and has the ability to do so, or
• places someone in fear of imminent bodily harm through credible threats or physical menacing.

For example, simple assault charges could result if a person intentionally hits, kicks, shoves, or slaps someone, tries to punch someone but misses, or angrily stomps toward someone while shaking their fist. A person who decides to throw a knife at a wall in a crowded bar and injures a bystander could also face assault charges (for negligently causing injuries with a deadly weapon).

What Are the Penalties for Simple Assault in South Dakota?

Simple assault starts as a misdemeanor. However, a person can face felony penalties for assaults on certain victims or repeat assault convictions.

Misdemeanor Simple Assault

First and second simple assault convictions result in class 1 misdemeanor penalties, punishable by up to a year in jail and a $2,000 fine.

Felony Simple Assault; Repeat Offenses

A person charged with simple assault can face felony charges if they have at least two prior assault convictions in the past 10 years. A "third in 10" is a class 6 felony. A "fourth in 10" is a class 5 felony. And a "fifth in 10" carries class 4 felony penalties. Priors include any level of assault conviction, including out-of-state convictions.

The maximum sentences for these felony levels range from 2 to 10 years of prison time and $4,000 to $20,000 in fines.

Felony Simple Assault on a First Responder, Public Officer, or Corrections Officer

Simple assault committed against a police officer, firefighter, healthcare employee, corrections employee, or public officer is a class 6 felony. The felony penalty applies if the assault occurred while the officer or employee was working. Class 6 felonies carry up to 2 years of prison time and a $4,000 fine.

(S.D. Codified Laws §§ 22-1-2, 22-18-1, 22-18-1.05 (2024).)

What Is Aggravated Assault in South Dakota?

Aggravated assault charges typically apply when a defendant inflicts or risks inflicting serious bodily injuries to another, uses a weapon, or strangles someone.

Aggravated Assault: Serious Bodily Injuries

A person who causes or attempts to cause serious bodily injuries to another can face aggravated assault charges if they:

• intended to harm the victim, or
• acted with extreme indifference to the value of human life.

For instance, a defendant who shoves a victim down a set of stairs can face aggravated assault charges if the victim breaks an arm, receives a gash to the head, or knocks out several teeth. It doesn't matter if the defendant intended only to cause pain and bruising—the resulting serious injuries elevate the crime to aggravated assault.

An example of extreme indifference to human life would be shooting a gun at someone. Even if the bullet merely grazes the victim, the prosecutor could likely show that the defendant attempted to cause more serious harm and acted with extreme indifference to the victim's life.

Aggravated Assault With a Weapon

It's aggravated assault to:

• cause or attempt to cause bodily injuries with a dangerous weapon, or
• place someone in fear of imminent serious bodily harm with a dangerous weapon.

Brandishing a gun or knife at someone and threatening to kill them would be an aggravated assault. Other examples of aggravated assault with a weapon include throwing a brick at someone, trying to hit someone with a baseball bat or crowbar, or spraying someone with a caustic chemical (like oven cleaner).

Aggravated Assault: Strangulation

South Dakota also includes strangulation in its aggravated assault law. Strangulation involves impeding another person's regular breathing or blood circulation by applying pressure on their throat or neck or blocking their nose or mouth. The victim doesn't need to suffer physical harm for aggravated assault charges to apply. Placing a victim in fear of death or serious bodily injuries suffices.

(S.D. Codified Laws § 22-18-1.1 (2024).)

What Are the Penalties for Aggravated Assault in South Dakota?

Aggravated assault is a class 3 felony, punishable by up to 15 years in prison and a $30,000 fine.

First responders, public officers. Committing aggravated assault against a police officer, firefighter, healthcare employee, corrections employee, or public officer increases the penalty to a class 2 felony. A person convicted of a class 2 felony faces up to 25 years in prison and a $50,000 fine.

Crime of violence. South Dakota considers aggravated assault to be a crime of violence. Having a crime of violence conviction on one's record can result in harsher sentencing for future crimes, disqualify a person for probation, and restrict one's ability to possess a firearm, among other consequences.

(S.D. Codified Laws §§ 22-18-1.05, 22-18-1.1 (2024).)

Additional Assault Offenses and Penalties in South Dakota

Other assault laws and sentencing provisions found in South Dakota's laws include the following.

Assault With Bodily Fluids or Human Waste

It's a class 1 misdemeanor to intentionally throw, spit, or cause bodily fluids or human waste to come in contact with another person. A prosecutor must show the defendant intended to assault the victim. (S.D. Codified Laws § 22-18-26.1 (2024).)

Assault With Intent to Cause Serious Permanent Disfigurement

A person commits a class 2 felony by assaulting another and intentionally causing the victim serious permanent disfigurement. Serious permanent disfigurement could include loss of a body part (such as a finger, ear, or kidney), loss of body function (such as partial paralyzation), or injuries resulting in a disfiguring scar (such as permanent burn scars). (S.D. Codified Laws § 22-18-1.5 (2024).)

Assault Hate Crimes

Assaulting someone because of their race, ethnicity, religion, ancestry, or national origin can result in an additional class 6 felony conviction. The prosecutor must show that the defendant acted maliciously and intended to intimidate or harass the person. (S.D. Codified Laws § 22-19B-1 (2024).)

Habitual Felony Offender

Prosecutors can increase felony charges for assault by one felony class if the defendant has a prior felony conviction. So, for instance, a second aggravated felony conviction could be charged as a class 2 felony rather than a class 3 felony.

A defendant facing a fourth or subsequent felony conviction must be sentenced to a class C felony, if any of the prior felonies were crimes of violence. Class C felonies carry a possible life sentence. (S.D. Codified Laws §§ 22-7-7, 22-7-8 (2024).)

Talk to a Lawyer

If you face assault charges, contact a local criminal defense attorney. A lawyer can help you understand what's at stake, defend your case, and protect your rights.