South Dakota Assault Penalties (2026)

Simple assault and aggravated assault charges charges in South Dakota: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing assault charges in South Dakota, consult a licensed South Dakota criminal defense attorney.

South Dakota Assault Penalties

OffensePenalty
First OffenseClass 1 misdemeanor: up to 1 year jail, $2,000 fine
Second OffenseClass 6 felony: up to 2 years prison

SDCL §22-18-1; simple assault is misdemeanor

Assault Statute of Limitations in South Dakota

In South Dakota, the statute of limitations for assault is generally 7 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in South Dakota.

See all South Dakota statutes of limitations →

Defending Against Assault Charges in South Dakota

Common defenses in South Dakota assault cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Dakota criminal defense attorney for advice.

Related South Dakota Laws

DUI / DWI Marijuana Possession Theft / Larceny Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication