Legal Process For Assault Charges
An angry text. A heated exchange after a fender bender. Threats. All of these are potential examples of simple assault under South Dakota law. Assault, as a charge, is not about violent contact – though it does include that – it’s about the feelings of fear in the victim.
At Griese Law Firm, P.C., we are dedicated assault lawyers in Sioux Falls. Our clients are people facing assault charges under a wide range of circumstances. They’re under incredible stress. If that describes you, we’re here for you. We want to help you get a full understanding of your charges so you can make smart decisions as we strategize for your defense.
A Quick Overview Of Potential Assault Charges
Assault is a potentially complex charge. As stated earlier, it can include threats, verbal components and physical harm. Here are the charges for assault possible in South Dakota:
- Simple assault: This is generally considered a misdemeanor in South Dakota. It involves attempting to cause bodily harm to another person, intentionally causing bodily harm or putting someone in fear of imminent bodily harm.
- Aggravated assault: This is a more serious charge and is classified as a felony. It involves causing serious bodily harm, using a dangerous weapon or assaulting certain protected individuals such as law enforcement officers.
- Domestic assault: Assault within a domestic context, such as against a spouse or family member, may have specific legal implications and can lead to enhanced penalties, including mandatory counseling or no-contact orders.
These assault charges and their consequences are not minor. You could spend extended time in prison on all of these charges, which is why getting legal assistance immediately is an essential step.
We Want To Hear Your Questions
As assault lawyers, we are diligent, detailed advocates for you with years of trial experience, but we’re also people who you can talk to. We know there’s a lot going on right now, and we want to help you understand what to do. Here are the answers to questions our clients ask the most:
What should I do if I am accused of assault?
Your first thing is to exercise your right to remain silent and extend that to every possible channel. Do not talk about your case or your charges with anyone. Do not post on social media. You are the primary source of evidence, and the less you say, the better you are.
Then, contact our firm so we can represent you as your assault attorney.
Can I claim self-defense in an assault case?
You may claim self-defense, but you would have to prove that you felt you were in danger from the other person.
What is the difference between assault and battery?
“Battery” is not a legal charge in South Dakota. The actions often included with battery are a part of an assault charge.
Can assault charges be expunged from my record?
Unfortunately, simple assault is a Class 1 misdemeanor, and the highest charge you can have for automatic expungement is a Class 2 misdemeanor.
Dedication To Your Freedom And Compassion For You
Our work as assault attorneys is based on our dedication to your rights and our empathy for the people who come to us. We’ll fight for you and your rights because you deserve it. Call us at 605-221-8012 or send an email using this online form.