What is the maximum sentence for domestic violence in South Dakota?

Under SDCL § 25-10-13 (Class 1 Misdemeanor (first); Class 6 Felony (subsequent)), South Dakota domestic violence carries a maximum sentence of 1 year (first); 2 years (subsequent) and a maximum fine of $2,000 (first); $4,000 (subsequent).

Does South Dakota have a mandatory minimum for domestic violence?

South Dakota does not impose a blanket mandatory minimum for simple domestic violence. Specific charges or enhancements may carry their own minimums.

What factors enhance a domestic violence charge in South Dakota?

In South Dakota, domestic violence penalties can be enhanced by: Prior domestic violence convictions; Violation of protection order.

South Dakota Domestic Violence Law

South Dakota Domestic Violence Defense

What you're facing under SDCL § 25-10-13, how the penalties scale, and the questions your attorney needs to answer, specific to South Dakota (SD) domestic violence law.

Offense Class

Class 1 Misdemeanor (first); Class 6 Felony (subsequent)

Maximum Penalty

1 year (first); 2 years (subsequent)

Maximum Fine

$2,000 (first); $4,000 (subsequent)

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Federal Firearms Prohibition (Lautenberg Amendment)

A conviction for misdemeanor domestic violence in South Dakota carries a federalfirearms-possession ban under 18 U.S.C. § 922(g)(9). This consequence is collateral to South Dakota state penalties and applies regardless of the state sentence imposed.

Penalty Range in South Dakota

StatuteSDCL § 25-10-13 — Domestic Abuse — Violation of Protection Order

Minimum Penalty

Maximum Penalty1 year (first); 2 years (subsequent)

Maximum Fine$2,000 (first); $4,000 (subsequent)

Charge Enhancements

These factors can elevate the charge or penalty in South Dakota:

Prior domestic violence convictions
Violation of protection order

South Dakota-Specific Detail

Domestic abuse is charged under the applicable assault statute with domestic enhancement. Protection order violations are separately charged under SDCL § 25-10-13.

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Important: This page provides legal INFORMATION about South Dakota domestic violence law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.