Charged with Assault? Waeckerle Law has your back.

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There are different classes of simple assaults that carry a variety of penalties depending on whether the alleged offender has been previously convicted of an assault crime. SDCL  22-18-1 generally provides violations that amount to simple assaults. This includes a person who allegedly:

1. Attempts to cause bodily injury to another and has the actual ability to cause the injury;
2. Recklessly causes bodily injury to another;
3. Negligently causes bodily injury to another with a dangerous weapon;
4. Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or
5. Intentionally causes bodily injury to another which does not result in serious bodily injury.

Like simple assault, there are various degrees of aggravated assault.  SDCL 22-18-1.1 generally provides the basis for these violations and includes any person who allegedly:  

1.  Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life;
2.  Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon;
3. [Deleted by SL 2005, ch 120, § 2]
4. Assaults another with intent to commit bodily injury which results in serious bodily injury;
5. Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm; or
6. [Deleted by SL 2005, ch 120, § 2]
7. [Deleted by SL 2012, ch 123, § 4]
8. Attempts to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth. 

Although it can be charged alternately as aggravated assault, SDCL 22-18-1.5 separately provides that it is a crime to assault a person with the intent to cause serious permanent disfigurement. That statute provides as follows: 

"Any person, who assaults another with the intent to cause serious permanent disfigurement and causes serious permanent disfigurement, is guilty of a Class 2 felony.

Assault with intent to cause serious permanent disfigurement as set forth in this section may be charged in the alternative as aggravated assault, as set forth in § 22-18-1.1."