Most often the male gets arrested, but sometimes females do too. Rarely do both people get arrested. Whoever gets arrested is taken to jail and placed on a NO BOND status and must make a court appearance to have a bond set by a sitting magistrate. 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. This can further result in a cascade of additional charges. 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.
Simple Assault Domestic Violence Lawyers in South Dakota
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. Simple assault domestic violence is a Class 1 Misdemeanor. This means if convicted the maximum possible penalty is 1 year in the county jail, a $2000 fine, or both. Such a charge can arise from verbal or physical altercations between family or household members. Generally, these charges are filed after the police are called to a home for a domestic dispute between a man and a woman. Quite often drinking is involved, tempers have flared, and there are claims that someone has been slapped, punched, knocked down, or the like.
Simple assault charges enhance (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 way DUI charges turn from Misdemeanor to Felony upon a third offense. Furthermore, a conviction of Simple Assault Domestic Violence prohibits one from possessing firearms pursuant to federal law. Even a reduced charge of Disorderly Conduct with a domestic violence tag can result in the same prohibition.
Simple Assault Domestic Violence Crimes
For all of these reasons it is important to consult with an attorney when facing such charges. There are many requirements placed upon an individual by the various courts taking guilty pleas arising from that weekend argument. These requirements can be very expensive, time consuming, and even confusing.
RENSCH LAW can explain what needs to be done to satisfy all of these requirements so a person is not placed in jail for failing to comply. 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. RENSCH LAW provides individual counseling and representation regarding the legal possibilities, the likely outcomes, and prepares the client for whatever is to come in connection with the charges.
Have a bad weekend where you ended up in jail because of an allegation of a simple assault domestic violence?
Don’t call the prosecutor yourself, you’ll just sink your case. Call a lawyer who knows how to handle those types of cases.
Even though it may seem dark today, a lawyer can get in there, figure out the facts, put forth your defense, and maybe make everything go away. And if it can’t be made to disappear, it certainly can be made better.
There are times in the law when you get charged with something and you think this is just the end and nothing can be done, and it looks very very dark. Come into to Rensch Law, I’ve been to all all of those areas, I’ve looked into all of those corners and I can illuminate light into the darkness and help you with this.
And I’ve had cases where people thought that there there was no hope in the beginning, and in the end not only was there a great deal of hope, but there was a great deal of normal life following.
Please call Rensch Law
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.
Aggravated Assault Lawyer | Rapid City, SD
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.
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.
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