Assault
SDCL § 22-18-1 — simple assault is a Class 1 misdemeanor, a third within ten years a felony, and aggravated assault a Class 3 felony
- Attempting to cause bodily injury, with the actual ability to cause it.
- Recklessly causing bodily injury.
- Putting another in fear of imminent bodily harm by physical menace or a credible threat.
- Intentionally causing bodily injury that is not serious bodily injury.
Each is simple assault, a Class 1 misdemeanor. With two or more earlier assault convictions within ten years, a third is a Class 6 felony, a fourth a Class 5 felony, and a fifth or later a Class 4 felony.
Aggravated assault. Causing serious bodily injury with extreme indifference to human life, injuring with a dangerous weapon, menacing with a deadly weapon, or impeding breathing by pressure on the throat or neck, is aggravated assault, a Class 3 felony.
What counts as serious bodily injury is decided in court. A particular charge is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 22-18-1 — Simple assault; Violation as misdemeanor; Third or subsequent offense a felony; Violation in other states
- SDCL § 22-18-1.1 — Aggravated assault; Penalty
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.