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.
Simple Assault Domestic Violence
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.
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 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.
Assault cases, many different types of assaults. You can be charged with aggravated assault in this state which is a felony and can land you in the penitentiary for a long time.
Simple assault domestic violence, very dangerous case to be charged with. Not only can you lose certain civil rights that you have, but you can lose the right to possess a gun and it can put you in a different category of an offender for a long time. So when you’re charged with simple assault domestic violence out of that little fight that happens over the weekend or when someone’s had too much to drink and you think it’s all just going to go away.
Watch out! People will go in and plead guilty on those are treated differently than people who are represented by lawyers and the matter is worked up properly. You also want to remember on those simple assault domestic violence’s, many times they enhance like a drunk driving charge. An assault charge can become more serious with each passing charge as you go through life.
So if you get three of them, you could be charged with a felony just like you can with a DWI. So be very careful with those charges and always get legal representation.
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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