Aggravated assault is a Class 3 Felony, with a maximum possible penalty of 15 years in the penitentiary, a $15,000 fine, or both. 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. RENSCH LAW has handled more Aggravated Assaults than it can remember. This serious charge has several possible defenses. RENSCH LAW has used these defenses in both state and federal court before juries and judges over the last 25 years.
Aggravated Assault Lawyer in Rapid City
Simple Assault Domestic Violence Charges
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. This used to be just part of a Simple Assault charge, but now has become the basis for the more serious Aggravated Assault elements.
RENSCH LAW can fairly and candidly evaluates your case, try it to a jury if necessary, or work out an agreement.
South Dakota State Legislature Codified Assault Laws
22-18-1. Simple assault
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
(5) Intentionally causes bodily injury to another which does not result in serious bodily injury.
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.
Simple assault, as provided in § 22-18-1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer’s or employee’s duties, is a Class 6 felony.
Aggravated assault, as provided in § 22-18-1.1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer’s or employee’s duties, is a Class 2 felony.
The penalties in this section also apply to a simple assault or aggravated assault if committed against any healthcare facility personnel while the personnel was engaging in patient care.
For further information from the South Dakota Legislature.
22-18-1.1. Aggravated assault
Any person who:
(1) Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life;
(2) Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon;
(3) Deleted by SL 2005, ch 120, § 2;
(4) Assaults another with intent to commit bodily injury which results in serious bodily injury;
(5) Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm; or
(6) Deleted by SL 2005, ch 120, § 2;
(7) Deleted by SL 2012, ch 123, § 4;
(8) Attempts to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth;
is guilty of aggravated assault. Aggravated assault is a Class 3 felony.
For further information from the South Dakota Legislature.
Request a Confidential Legal Consultation
NOTICE: Do not send sensitive information in your initial communication with my office. If I represent an adverse party in your case, such information could be used against you. Please allow for a conflict check to be conducted before sending sensitive information.
