A Strong Defense Attorney Against Assault Charges
When tensions rise between two people, a heated argument can turn into violence very quickly. It can be hard to remember all the events and what order they happened in. The next thing you know, you are the one who the police arrested on assault charges.
If this has happened to you or a loved one, you need an aggressive South Dakota attorney who can fight to protect your freedom. At Kolbeck Law Office, I know how much is at stake with this kind of charge, which is why I work so hard to protect my clients.
Getting The Facts Straight
When defending against assault charges, I want to make sure I know everything that happened. The best way to do this is by seeing what happened. To do this, I gather any footage available. Whether the alleged assault happened at a bar or hotel, I will hunt down any camera footage of the event. This kind of evidence can be the critical difference between proving innocence and receiving a guilty conviction. The sooner I get my hands on this kind of evidence, the better your case can go.
What Are The Penalties For Assault Charges In South Dakota?
Assault charges in South Dakota can carry significant consequences. The penalties vary depending on the severity of the offense and whether it is classified as simple or aggravated assault.
Simple assault is typically a Class 1 misdemeanor, punishable by up to one year in county jail and a fine of up to $2,000.
Aggravated assault, which involves more serious harm or the use of a deadly weapon, is usually a Class 3 felony. This can result in up to 15 years in state prison and a fine of up to $30,000.
Additionally, a conviction may lead to a criminal record, impacting future employment opportunities, housing options and personal relationships.
What If I Was Acting In Self-Defense?
Acting in self-defense can be a valid legal defense for assault charges in South Dakota. The state recognizes individuals’ right to protect themselves or others from imminent harm.
However, claiming self-defense is not as simple as just stating you were defending yourself. Courts may consider the following factors when evaluating a self-defense claim:
- Reasonable belief: You must have reasonably believed you were in immediate danger of bodily harm.
- Proportional response: The force must be proportional to the threat. Excessive force may negate a self-defense claim.
- Duty to retreat: South Dakota follows the “Stand Your Ground” doctrine. This means there is no duty to retreat before using force in self-defense if you are in a place where you have a right to be.
- Aggressor status: Generally, the initial aggressor cannot claim self-defense unless they have clearly withdrawn from the confrontation.
- Defense of others: Self-defense can extend to protecting other people from imminent harm.
- Castle Doctrine: South Dakota law provides stronger protections for self-defense in one’s home or vehicle.
To successfully argue self-defense, gathering evidence supporting your claim is crucial. This could include witness statements, surveillance footage or medical records. An experienced attorney can help evaluate the strength of your self-defense claim and develop an effective strategy for your case.
How Might Penalties Differ If Weapons Or Firearms Were Involved In The Offense?
The involvement of weapons or firearms in an assault case can significantly increase the severity of charges and potential penalties in South Dakota. When a deadly weapon is used or displayed during an assault, the offense is typically elevated to aggravated assault, which is a Class 3 felony. This carries much harsher penalties than simple assault, including up to 15 years in state prison and fines of up to $30,000.
Additionally, if firearms are involved, separate weapons charges may result in additional penalties. South Dakota has strict laws regarding the use of firearms in the commission of a crime. Depending on the circumstances of the case, these charges can lead to mandatory minimum sentences and potential federal prosecution.
Do Not Leave Your Future At Risk
At Ryan Kolbeck, you’ll work with someone born and raised right here in South Dakota, and he is ready to represent his fellow citizens. You do not have to face your aggravated assault or sexual assault charges alone. If you or a loved one is facing assault charges, get a lawyer immediately. You can call my Sioux Falls office at 605-937-8376.
Contact me today, and set up a free consultation.