The law in South Dakota very clearly criminalizes interpersonal violence. It is unlawful and inappropriate for someone to make physical contact with another person without their consent or with the intent of causing harm.
If state authorities hear about an altercation, police officers may arrest one or more of the people involved. Bars, restaurants and even hospitals can file police reports over what seems like an assault. It is also likely that someone involved in an altercation might file a police report and seek the prosecution of the other party involved.
Someone accused of assault in South Dakota may not deny their involvement in a physical confrontation. However, they may disagree with the depiction of the incident as an assault. Instead, they may claim that they acted in self-defense. What is the difference between assault and self-defense in South Dakota?
The difference comes down to a reasonable person’s perspective
It is legal for people in South Dakota to defend themselves against violence or the threat of imminent criminal activity. They can also act to defend their personal property or to protect another person from an imminent crime. There isn’t an obligation to leave the situation before using force.
Whether they are in their own residence or any other place they can lawfully visit, an individual in South Dakota can use the degree of force they believe necessary to protect themselves or stop a crime. Someone attempting to assert that they acted in self-defense needs to convince the courts that they had a reasonable fear for their own safety.
If another person in the same situation would perceive it to be a threat that requires a physical response, then the use of force is likely lawful. If another person wouldn’t consider the situation threatening or an indicator of a crime about to transpire, then the use of force may not seem reasonable to those people.
The narrative that goes along with the facts of a case can make a major difference in a self-defense scenario. Proving that there were factors that made a defendant reasonably fear for their safety can be a challenge in an South Dakota assault case. However, defendants who understand the law can use that information when developing an effective defense strategy.