Defend Yourself From Assault Charges
Assault and gun charges are serious charges that can come with considerable consequences. A conviction can cost you your right to own a gun in the future, place you behind bars with considerable fines, and damage your reputation and relationships with family and loved ones. With so much at stake in your case, you need to be sure that you are doing everything in your power to overcome your charges.
I am D. Sonny Walter, a criminal defense attorney with more than 30 years of experience defending clients throughout the Sioux Falls area, and I am ready to put that experience to work for you. While I represent you, I can also help you understand the nature of your charges and the penalties involved.
Understanding Enhancement Statutes And Penalties
Domestic assault is a serious offense in South Dakota that can result in severe legal and personal consequences for the accused. Domestic assault charges can have significant effects on an individual’s life, including the loss of their gun rights and various degrees of criminal penalties.
If you are facing domestic assault charges in South Dakota, it’s essential to understand the state’s laws, the possible penalties and the enhancement statutes that can apply to repeat offenders.
I am an experienced assault criminal defense lawyer who has helped many clients navigate the complexities of domestic assault charges. I want to help you understand South Dakota’s domestic assault laws, enhancement statutes and the potential consequences of a conviction.
Domestic Assault Charges
Domestic assault charges in South Dakota can refer to a wide range of criminal acts, including physical violence, verbal abuse and emotional manipulation. Domestic assault can occur between spouses, partners, family members or cohabitants.
In South Dakota, domestic assault is classified as a misdemeanor or a felony, depending on the severity of the offense. A person can face domestic assault charges if they:
- Intentionally cause bodily injury to a current or former spouse, intimate partner, family member or cohabitant
- Recklessly cause serious bodily injury to a current or former spouse, intimate partner, family member or cohabitant
- Threaten or attempt to cause bodily injury to a current or former spouse, intimate partner, family member or cohabitant with the apparent ability to do so
- Intentionally cause physical contact with a current or former spouse, intimate partner, family member or cohabitant with the intent to intimidate or harass
Enhancement Statutes For Repeat Offenders
In South Dakota, enhancement statutes apply to individuals who have three simple assault convictions within a 10-year period. Under these statutes, a person who is convicted of a third assault offense within 10 years can be charged with a Class 6 felony and face up to two years in prison.
The enhancement statutes also apply to domestic assault charges. If an individual has three prior domestic assault convictions within a 10-year period, then their third offense can be charged as a felony, regardless of the severity of the offense. When a conviction can make any future charges much worse, it is important to build a proper defense against the charges you are currently facing.
Loss Of Gun Rights
Domestic assault convictions in South Dakota can result in the loss of an individual’s gun rights. Federal law prohibits individuals who have been convicted of a domestic violence offense from purchasing firearms. South Dakota law also includes a provision that makes it illegal for individuals who have been convicted of a misdemeanor crime of domestic violence to possess firearms for a year after conviction. Those rights may be automatically restored after one year. However, a conflict between state and federal law still may exist on the ability to possess or purchase a firearm.
Aggravated Assault By Means Of Choking
Aggravated assault by means of choking is a severe offense in South Dakota that can result in a felony charge. A person can be charged with aggravated assault by means of choking if they:
- Intentionally, recklessly or negligently cause bodily injury to another person by impeding their breathing or circulation
- Intentionally, recklessly or negligently attempt to cause bodily injury to another person by impeding their breathing or circulation
Penalties For Domestic Assault
The penalties for domestic assault in South Dakota vary depending on the severity of the offense, the defendant’s criminal history and other factors. Misdemeanor domestic assault charges can result in up to one year in jail and a fine of up to $2,000. A felony domestic assault charge is a Class 3 felony and can result in a 15-year prison sentence and a fine of up to $30,000.
Face Your Charges With Confidence
Misdemeanor and felony domestic assault charges in South Dakota are serious and can result in significant legal and personal consequences. It’s crucial to understand the state’s laws and enhancement statutes, the loss of gun rights and the potential penalties associated with a conviction.
If you are ready to let my experience be your advantage in your case, contact my firm, D. Sonny Walter, Attorney At Law, today by calling 605-450-6182 or emailing me here. Now is the best time to reach out to an attorney if you are facing criminal charges or think you will be soon, so act today.