Domestic Violence Charges in South Dakota

South Dakota charges assault on a family or household member under the regular assault statutes, and the prosecutor must mark the complaint, warrant and judgment to show the charge involves domestic abuse. Domestic abuse covers physical harm, bodily injury or attempts to cause them, or causing fear of imminent harm, between spouses or former spouses, people in a significant romantic relationship now or in the past twelve months, people who have or are expecting a child together, parents and children, and siblings. A third simple assault within ten years is a Class 6 felony (up to two years), rising to a Class 4 felony for a fifth or later offense. Choking or strangling someone (restricting breathing or blood flow by pressure on the throat or neck, or covering the nose and mouth) to cause fear of death or serious harm is aggravated assault, a Class 3 felony punishable by up to fifteen years.

South Dakota's rule on court-appointed lawyers: If it is satisfactorily shown that a defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay the necessary expenses of representation, a circuit court judge or magistrate shall, upon the person's request, assign counsel at any time after arrest or after detention begins. This applies in criminal investigations and actions, proceedings to revoke a suspended sentence or probation, and final parole revocation proceedings. The person must certify the facts about his or her ability to pay, in writing or other recorded form as the court prescribes, subject to the penalties for perjury. SDCL 23A-40-6

Lawyers set their own fees, and South Dakota has rules on how they may charge. See hiring a criminal defense lawyer in South Dakota for fee rules, how to check a lawyer's license and free help.

How release before trial works in South Dakota: Except for a defendant charged with an offense punishable by death or one currently released on a personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court, be ordered released pending trial on personal recognizance or on an unsecured appearance bond in an amount set by the court, unless the court in its discretion finds that release would not reasonably assure the defendant's appearance or that the defendant may pose a danger to another person or the community. In determining conditions of release, the magistrate or court considers the nature and circumstances of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition (including any mental health assessment), length of residence in the community, record of convictions, record of appearance at court proceedings or of flight or failure to appear, and the risk of flight or danger to any person or the community. SDCL 23A-43-2, 23A-43-4 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See South Dakota expungement and record sealing rules.