2016-2017 SD Trial Lawyer & Criminal Lawyer of the Year

Simple Assault Domestic Violence Crimes

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.

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 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 out 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 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, 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.

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.

AGGRAVATED ASSAULT—RAPID CITY, SOUTH DAKOTA ATTORNEY/LAWYER

Aggravated assault is a Class 4 Felony, with a maximum possible penalty of 10 years in the penitentiary, a $20000 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 evaluate your case, try it to a jury if necessary, or work out an agreement.

Request a Confidential Legal Consultation