simple assault charge south dakota

A person is guilty of simple assault, a Class 1 misdemeanor, if the person: If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under 22-18-1.05, aggravated assault under 22-18-1.1, assault under 22-18-26, intentional contact with bodily fluids under 22-18-26.1, or assault under 22-18-29, within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense. Modification of existing orders, Chapter 4b. Please allow for a conflict check to be conducted before sending sensitive information. Parents to have equal access to records pertaining to child--Name and address of both parents to be listed, 25-5-7.4. Surrender of weapon by defendant, 25-10-25 Convicted defendant prohibited from contacting victim, 25-10-34 Domestic abuse charge to be indicated on warrant or summons, 25-10-35 Arrest of spouse for abuse -- Considerations, 25-10-36 Arrest of criminal suspect when responding to domestic abuse call, 25-10-38 Report of domestic abuse arrest forwarded to prosecutor -- Victim to be notified of status of case, 25-10-39 Records of domestic abuse -- Disclosure of victim's location during pendency of action, 25-10-40 Restrictions on release of person charged with domestic abuse, 25-10-41 Conditions of release of person charged with domestic abuse, 25-10-42 Convicted child abuser or sex offender barred from adopting child, 43-32-18.1. Child custody provisions--Modification--Preference of child, 25-4-45.3. You also want to remember on those simple assault domestic violences, many times they enhance like a drunk driving charge. Watch out! Aggravated assault is a Class 3 Felony, with a maximum possible penalty of 15 years in the penitentiary, a $15,000 fine, or both. Joseph Michael Larson, 32, of Sioux Falls, has been charged in a case stemming from an incident in which Larson was acting in his capacity as a Sioux Falls police officer on or about July 24,. Violation of restraining order, injunction, or protection order as felony. SDC 1939, 13.2401, 13.2403; SDCL 22-18-8; SL 1973, ch 147; SL 1976, ch 158, . likely be considered serious bodily injuries. An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. (5)Intentionally causes bodily injury to another which does not result in serious bodily injury. Intent to desert formed during proper absence, 25-4-13. WomensLaw serves and supports all survivors, no matter their sex or gender. In South Dakota, a person commits the crime of simple assault (a misdemeanor) by causing or attempting to cause injury to another person, or putting another person in fear of bodily harm. The Supreme Court affirmed, holding that the circuit court (1) did not err by denying Defendant's motion to suppress evidence of Defendant's conduct giving rise to the simple assault charge; (2) did not err, under the circumstances, by not instructing the jury on the definition of a firearm and by prohibiting Defendant's argument regarding firearm operability; and (3) did not err by denying Defendant's motion for judgment of acquittal. Multiple actions could constitute simple assault under state law. Rights of vulnerable adult in action brought by substitute petitioner, 21-65-7. An attorney can tell you how your case is likely to fare in court and help you prepare the best defense. So if you get three of them, you could be charged with a felony just like you can with a DWI. Police body camera footage and in-car camera footage show Larson striking the man a number of times, including in the groin, while trying to secure a seatbelt around him in the back of a patrol car. 18-1; SL 1980, ch 173, 2; SL 1981, ch 174; Under South Dakota's laws, a dangerous weapon is any firearm, knife, or other object (animate or inanimate) designed to inflict or likely to inflict death or serious bodily injury. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances as felony--Mandatory sentences, 22-42-3. Simple or aggravated assault against law enforcement officer, Department ofCorrections employee or person under contract, or other public officer. RENSCH LAW has handled more Aggravated Assaults than it can remember. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under 22-18-1.05, aggravated assault under 22-18-1.1, assault under 22-18-26, intentional contact with bodily fluids under 22-18-26.1, or assault under 22-18-29, within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense. SL 1998, ch 132, 1; SL 1999, ch 117, 1; SL In South Dakota, a person commits the crime of aggravated assault (a This used to be just part of a Simple Assault charge, but now has become the basis for the more serious Aggravated Assault elements. This serious charge has several possible defenses. ; SL 1980, ch 173, 2; SL 1981, ch 174; SL 1998, ch 132, 1; SL 1999, ch 117, 1; SL 2005, ch 120, 1; SL 2011, ch 115, 1; SL 2019, ch 108, 1; SL 2021, ch 92, 1. for help. A conviction for assault, causing contact with bodily fluids, or battery can result in jail time, a fine, and a criminal record. 2023 LawServer Online, Inc. All rights reserved. Such a charge can arise from verbal or physical altercations between family or household members. conviction with aggravated assault or battery could result in a , intentional contact with bodily fluids under . Kristi Noem told Newsmax on Thursday that her state was leading the charge in defending Americans' Second Amendment right to bear arms.. NNEDV is a 501(3) non-profit organization; EIN 52-1973408. On appeal, Defendant claimed, among other things, that her conviction of aggravated assault was unlawful because the gun she was holding at the time of the incident giving rise to her convictions was inoperable. Codified Laws 22-1-2.) (S.D. Those charges included refusing to leave property after given notice, resisting arrest and obstructing an officer, according to court documents. The South Dakota Symphony Orchestra: Bridging cultures . Exceptions to prohibition against possession of pistols by minors, Chapter 4. Laws 22-1-2.). Contents of notice of relocation, 25-4A-19. 22-19A-2. Term of protection order--Amendment or extension, 21-65-19. Filing petition for protection -- Venue. Gender: M. . Parenting coordinator appointment at party request or on courts own motion, 25-4-69. This can further result in a cascade of additional charges. Codified Dorothy Hansen, 42, of Mitchell, pleaded no contest to a third-offense simple assault (domestic abuse) charge, a Class 6 felony that carries a maximum sentence of up to two years in prison. For example, a gun is a dangerous weapon, but so is a beer bottle if used to seriously hurt someone. one misdemeanor count of simple assault, and a summary harassment charge. Simple assault. Assaults and Personal Injuries, 22-19-9. More Argus911:Four people, including two children, injured in two-vehicle crash near Crooks. For more information on these crimes, see South Dakota Aggravated Assault Laws. Contact (605)341-1111. City salary records show he was employed as a police officer at least since 2015. a defendant can be convicted of a felony assault crime in South Dakota, Codified Laws 22-6-1, 22-18-1.05, 22-18-1.1, 22-18-1.3, 22-18-1.4, 22-18-26, 22-18-29.1, 22-18-30, 22-18-31.). assault against a law enforcement officer is a Class 2 felony, 22-19A-11. inflicting bodily injury on an unborn child, who is subsequently born alive. In most cases, an immediate NO CONTACT ORDER is filed and contact between the person charged and the person alleging the assault can be charged as a separate crime, which is an additional Class 1 Misdemeanor. Stalking a child twelve or younger -- Felony. Record--Privacy--Manipulated image--Violation, Chapter 22-42. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. Your California Privacy Rights/Privacy Policy. NOTICE: Do not send sensitive information in your initial communication with my office. The first and second time a person is convicted of simple assault in South Dakota, it is punished as a Class 1 misdemeanor by up to one year in jail and a fine of up to $2,000. RENSCH LAW has used these defenses in both state and federal court before juries and judges over the last 25 years. Booking Date: 5/1/2023. Person other than parent permitted to seek custody of child--Parent's presumptive right to custody--Rebuttal, 25-5-30. Codified Laws 22-1-2.) Do Not Sell or Share My Personal Information. Assaults And Personal Injuries Section 22-18-1 - Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states. An investigator with the attorney general's office interviewed a defensive tactics instructor for SFPD who said that Larsons strikes arent consistent with techniques Sioux Falls police officers are trained in. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under 22-18-1.05, aggravated assault under 22-18-1.1, assault under 22-18-26, intentional contact with bodily fluids under 22-18-26.1, or assault under 22-18-29, within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense. the risk that your conduct could cause injury to another. Hearing on petition for protection -- Date -- Notice. Please check official sources. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of a crime described in this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a subsequent offense. inhabited area would be knowing if the defendant knew that other people Get free summaries of new South Dakota Supreme Court opinions delivered to your inbox! person in fear of serious injury. This means if convicted the maximum possible penalty is 1 year in the county jail, a $2000 fine, or both. Definitions and General Provisions, 22-1-4. For example, firing a gun into the air in an is charged with simple assault after arresting a black man outside of Wiley's Tavern on July 24th. No presumption of joint physical custody, 25-4A-27. show an extreme indifference to the value of human life, causing serious bodily injury with the intent to cause bodily injury, knowingly causing or attempting to cause bodily injury with a dangerous weapon, attempting to put another in fear of imminent serious bodily harm by menacing the person with a dangerous weapon, or. However, the crime may be regarded as a Class C Felony in North Dakota when the victim is a protected employee such as a peace officer. punishable by up to 25 years' imprisonment and a fine of up to $50,000. , if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or. 8:37 p.m. Lindsey M. Binek, 33, arrested for misdemeanor Simple Assault. 22-18-1. Generally, these charges are filed after the police are called to a home for a domestic dispute between a man and a woman. Views: 1 . . Richard Espinoza, 21, of Mitchell, was sentenced to 73 days in jail with 60 days suspended for simple assault (domestic abuse) with intent to cause bodily injury, a Class 1 misdemeanor. Ex parte temporary protection order, 25-10-7 Limited duration of temporary order--Service on respondent, 25-10-7.1 Temporary order effective until order under 25-10-5 served, 25-10-8 Security not required of petitioner -- Exception, 25-10-9 Departure of petitioner from household not waiving right to relief, 25-10-12 Delivery of order to law enforcement agencies, 25-10-12.1 Enforcement of foreign protective orders -- Requirements, 25-10-12.2 Filing of foreign violence protection order -- Affidavit -- Entry in database -- Fee, 25-10-12.3 Reliance on foreign order -- Immunity from liability, 25-10-12.4 Presentment of false order or denial of service a misdemeanor, 25-10-13 Violation of order as misdemeanor or felony, 25-10-22 Effect of divorce or other civil proceedings prior to criminal proceedings, 25-10-23 Conditional bond -- Violation as misdemeanor, 25-10-24. Defendant prohibited from contacting victim prior to court appearance. could be infected with HIV, but nonetheless consented to the activity This used to be just part of a Simple Assault charge, but now has become the basis for the more serious Aggravated Assault elements. Codified Laws 22-1-2.) Make your practice more effective and efficient with Casetexts legal research suite. inflict or likely to inflict death or serious bodily injury. Distribution or possession with intent to distribute specified amounts of marijuana, 22-42-8. An assault charge can become more serious with each passing charge as you go through life. Usually, the state considers a simple assault a Class B Misdemeanor. Are There Any Defense to Simple Assault? While assault can include the attempted infliction of injury or fear, battery is limited to the actual infliction of injury. Lately, many of the Aggravated Assaults charged out have been the result of Simple Assault Domestic Violence charges which have morphed into a claim by a spouse that the defendant blocked the airway. Consideration of conviction for death of other parent in custody award, 25-4-52. Defend your rights. LawServer is for purposes of information only and is no substitute for legal advice. battery of an infant is also a Class 2 felony. If I represent an adverse party in your case, such information could be used against you. Four people, including two children, injured in two-vehicle crash near Crooks. or. Current with changes from the 2023 Legislative Session through 3/23/2023. guilty of simple assault in South Dakota, it is a Class 6 felony. Factors for consideration on request for joint physical custody, 25-4A-25. Simple The attorney listings on this site are paid attorney advertising. The City of Sioux Falls has referred thecase to be reviewed for criminal charges by the State Division of Criminal Investigation as an independent agency,TenHaken said. No other information on the charges was immediately available. SADV charges can also arise from physical altercations between parents and children, stepparents and stepchildren, or live-in spouses and other relatives in the home. NOTICE: Do not send sensitive information in your initial communication with my office. A attempting to put another in fear of death or imminent serious bodily harm by strangulation or suffocation. life, health, and limb. Codified Laws 22-18-31, 22-18-32, 22-18-33, 22-18-34.). Email reporter Alfonzo Galvan at agalvan@argusleader.comor follow him on Twitter@GalvanReports. 22-19A-10. Desertion by departure during absence of spouse induced by fraud, 25-4-10. There are many requirements placed upon an individual by the various courts taking guilty pleas arising from that weekend argument. consequences of your actions. A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1)Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2)Recklessly causes bodily injury to another; (3)Negligently causes bodily injury to another with a dangerous weapon; (4)Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or. 9:40 p.m. Report of a vehicle parked in the. South Dakota, it is also a crime for any inmate (a person convicted or Sanctions for violation of custody or visitation decree, 25-4A-11. You can explore additional available newsletters here. Simple assault domestic violence is a Class 1 Misdemeanor. General consideration in custody proceeding of parents military service, 25-5-7. Petition for protection order -- Procedures. The prosecution of the case will be handled by the Office of the Attorney General, the department said. This serious charge has several possible defenses. Assault cases, many different types of assaults. punishable by up to 50 years' imprisonment and a fine of up to $50,000. life can vary. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Aggravated assault is a Class 3 Felony, with a maximum possible penalty of 15 years in the penitentiary, a $15,000 fine, or both. The Supreme Court affirmed Defendant's conviction of two counts of aggravated assault and one count of simple assault against a law enforcement officer, holding that there was no error. Lately, many of the Aggravated Assaults charged out have been the result of Simple Assault Domestic Violence charges which have morphed into a claim by a spouse that the defendant blocked the airway. (S.D. In the case of this section: For details, see 22-6-1 and 22-6-2 If a defendant has two or more prior convictions (in South Dakota or another state) within the past ten years for simple assault, aggravated assault, or inmate causing contact with bodily fluids, and is found guilty of simple assault in South Dakota, it is a Class 6 felony. You're all set! (1) Attempts to cause bodily injury to Please allow for a conflict check to be conducted before sending sensitive information. We've helped 95 clients find attorneys today. We've helped 95 clients find attorneys today. record. RENSCH LAW has handled more Aggravated Assaults than it can remember. Privacy of mediation proceedings, 25-4-60. ), The Termination of lease by tenant--Causes, 43-32-19.1. RENSCH LAW can fairly and candidly evaluates your case, try it to a jury if necessary, or work out an agreement. Codified Laws 22-1-2.). (S.D. South Dakota Codified Laws. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. South Dakota Codified Laws 22-18-1.05. BRIAN was charged with STATE CHARGES 22-18-1 Simple Assault Domestic. Aggravated Assault can be anything from a Simple Assault gone bad with serious bodily injury, to a choking, the brandishing of a weapon, among other things. with or without the actual ability to harm the other person; Assaults and batteries (S.D. in jail) to intentionally throw, spit, or otherwise cause any bodily Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Visitation agreement other than standard guidelines--Requirements, 25-4A-13. The crime of aggravated assault is committed by: Serious The man suffered pain to his left side, according to court documents. So be very careful with those charges and always get legal representation. In South Dakota, the crime of aggravated battery of an infant (a child under three years old) is committed by: The crime of aggravated criminal battery of an unborn child is committed by: Simple or aggravated assault is punished more severely when the victim engaged in official duties and is: In For more information on these crimes, see South Dakota Assault and Battery Laws. Factors for determining significant romantic relationship, 25-10-4 Hearing -- Time -- Service on respondent, 25-10-5 Relief authorized on finding abuse -- Time limitation, 25-10-5.1 Counseling required for domestic abuse defendant placed on probation, 25-10-5.2 Restrictions on issuance of mutual orders for protection against abuse, 25-10-5.3 Court to require instruction in parenting as part of sentence in certain convictions -- Exception, 25-10-6. , within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense. injury are misdemeanors. Visitation rights for grandparents--Enforcement by circuit court, 25-4-56. Personal Injury Law. . convictions for aggravated battery of an infant are Class 1 felonies, Specifically, it is a crime to throw, spit, or otherwise cause another person to come into contact with vomit, saliva, blood, semen, feces, or urine. Get free summaries of new opinions delivered to your inbox! It is also a felony in South Dakota to a vehicle's driver to expel a passenger who has refused to obey any lawful regulation regarding a passenger's conduct, so long as the vehicle is stopped and the force used is no more than that necessary to expel the passenger. crime of criminal exposure to HIV is committed by intentionally Source: SDC 1939, 13.2401, 13.2403; SDCL 22-18-8; SL 1973, ch 147; SL 1976, ch 158, 18-1; SL 1980, ch 173, 2; SL 1981, ch 174; SL 1998, ch 132, 1; SL 1999, ch 117, 1; SL 2005, ch 120, 1; SL 2011, ch 115, 1; SL 2019, ch 108, 1; SL 2021, ch 92, 1. Assault Attorney Sioux Falls, SD. Plaintiff in custody action to file and serve guidelines--Guidelines as court order--Custody of minors, 25-4A-12. Custody and earnings of children born out of wedlock, 25-5-10.1. FAQ's. Legal Stories. wounds to the chest and injuries that require emergency surgery would In South Dakota, serious bodily injury is a significant injury that creates a fear of danger to life, health, and limb. In South Dakota, the crime of simple assault is committed by: Recklessness is consciously disregarding the risk that your conduct could cause injury to another. Generally, Continuance of ex parte temporary protection order, 21-65-9. Custody and visitation disputes--Mediation order, 25-4-59. No specifics were given by TenHaken or his office on when Larson's last day was or whether he was given administrative leave as he was being investigated. Protection order--Violation as misdemeanor or felony, Chapter 22-1. Request for hearing on relocation--Presumption of consent--Best interests of child, 25-4A-20. Knowingly is acting with an understanding of and awareness of the felony) by causing or attempting to cause serious injury to another Your ability to have firearms may be affected by a conviction for even a misdemeanor charge of simple assault. This used to be just part of a Simple Assault charge, but now has become the basis for the more serious Aggravated Assault elements. Simple assault is considered a misdemeanor in most jurisdictions. Joseph Michael Larson, 32, of Sioux Falls, has been charged in acase stemmingfrom an incident in which Larson was acting in his capacity as a Sioux Falls police officer on or about July 24, according to a release from the office of the South Dakota Attorney General. Views: 1 . 22-19A-17. Joseph Michael Larson, 33, received a 60-day sentence with all but five . A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a dangerous weapon; A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a dangerous weapon; Motion for enforcement of visitation rights--Hearing, 25-4A-5. Contact information--Disclosure--Limitation. otherwise causing the victim to come into contact with infected blood SL 2005, ch 120, 3; SL 2018, ch 130, 1. Defend your rights. Want to stay in the know about new opinions from the South Dakota Supreme Court? that caused HIV transmission. Divorce and Separate Maintenance, 25-4-5. to be committed. South Dakota Gov. SDCL, 22-18-8; SL 1973, ch 147; SL 1976, ch 158, circumstances that show an extreme indifference to the value of human 2005, ch 120, 1. Communications with parenting coordinator not confidential, Chapter 254a. A person commits criminal battery of an unborn child by: The inducement of labor for medical reasons does not constitute bodily injury and, as a result, medical providers should not be prosecuted for battery if a baby is injured as a result of medically induced delivery. South Dakota Assault Lawyer. credible threat to put another in fear of imminent bodily harm, A former Sioux Falls police officer will spend five days behind bars after pleading no contest to a simple assault charge. The question is whether a reasonable person would conclude that the defendant acted negligently or recklessly, which is more serious. Do Not Sell or Share My Personal Information, causing A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; Attorney's Note Under the South Dakota Laws, punishments for crimes depend on the classification. The Supreme Court affirmed Defendant's conviction of two counts of aggravated assault and one count of simple assault against a law enforcement officer, holding that there was no error. Codified Laws 22-1-2.) Simple assault--Misdemeanor--Felony for subsequent offenses, Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders (Filed by Employers), 16-12C-13. 22-19A-7. Quite often drinking is involved, tempers have flared, and there are claims that someone has been slapped, punched, knocked down, or the like. In some states, the information on this website may be considered a lawyer referral service. Standard guidelines subject to certain court orders, 25-4A-17. Do Not Sell or Share My Personal Information. or attacking a victim and leaving so that the victim has no way to call Willful desertion defined--Special conditions applicable, 25-4-8. Requirements for issuance of temporary permit--Time requirement--Appeal of denial, 23-7-7.5. imprisonment and a fine of up to $4,000. exposing another person to HIV through sexual contact, contaminated There are also circumstances which can lead to the dismissal of these types of charges, but each case is different and rises or falls on its own merits. Notice required before relocating child--Exceptions, 25-4A-18. If If you are charged with aggravated assault in South Dakota, you With an attorney's help, you may be able to get a reduced sentence, get If you are charged with assault or battery in South Dakota, you should contact a criminal defense attorney immediately. so is a heavy rock if used to seriously hurt someone. Section 22-18-1 - Simple assault-Violation as misdemeanor-Third or subsequent offense a felony-Violation in other states . RENSCH LAW has handled numerous Simple Assault and Simple Assault Domestic Violence (SADV) cases and knows how to navigate the treacherous waters of these types of cases. attempting to put another in fear of imminent bodily harm by threatening or menacing the person (the defendant need not have the actual ability to cause harm). Separation by consent not desertion, 25-4-12. Share this conversation Before hiring a lawyer, make sure they're the right fit Book your free consultation In partnership with Answered in 1 minute by: 2/5/2015 Criminal Lawyer: Samuel II Hello This is Samuel No. . Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Active duty military personnel and spouses, 23-7-45. Simple assault chargesenhance (become more serious) with each additional conviction and can take what is ordinarily Misdemeanor conduct and turn it into (enhance) felony punishment, much the same wayDUI charges turn from Misdemeanor to Felony upon a third offense. If convicted of the most recent charges, Few Tails faces up to 50 years in jail and a $50,000 fine for the class 1 felony rape charge, and up to one year in the county jail and a $2,000 fine. should contact a criminal defense attorney as soon as possible. Subsequent convictions as felony. A person is guilty of an offense if that person: Willfully causes bodily injury to another human being; or Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury. BRIAN FRANK WALTI was booked on 5/1/2023 in Minnehaha County, South Dakota. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact . However, it is a defense to the charge if the victim This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of a crime described in this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a subsequent offense. (S.D. another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to Booking Number: 2258544. Written request for order to show cause for violation of visitation or custody decree--Hearing date, 25-4A-4.1. Custody and visitation disputes--Appointment of parenting coordinator, 25-4-64. We've helped 95 clients find attorneys today. a correctional officer, employee, or contractor, or, aggravated battery of an unborn child, and. Most often the male gets arrested, but sometimes females do too. Source: SDC 1939, 13.2401, 13.2403 . South Dakota has several definitions for simple assault, including trying to cause bodily injury to someone, negligently causing injury with a dangerous weapon, recklessly injuring someone or attempting to cause another person to fear for their bodily safety. The offense is: in court, depending on the facts and the assigned judge and prosecutor.

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