South Dakota Complaint regarding Assault and Battery

State:
Multi-State
Control #:
US-CMP-10048
Format:
Word; 
Rich Text
Instant download

Description

This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
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FAQ

Aggravated assault is a Class 3 Felony, with a maximum possible penalty of 15 years in the penitentiary, a $15,000 fine, or both. Aggravated Assault can be anything from a Simple Assault gone bad with serious bodily injury, to a choking, the brandishing of a weapon, among other things.

Class 3 Felony South Dakota Class 3 felonies are considered serious crimes in the state of South Dakota. These types of felonies are punishable by a prison sentence of up to 15 years and/or a fine of $30,000. Examples of crimes that fall under this classification include. aggravated assault. third-degree burglary.

Under South Dakota law, the statute of limitations depends on the severity of the crime you face, ranging from seven years to no time limit. Class A felony: No time limit. Class B felony: No time limit. Class C felony: No time limit.

South Dakota has several definitions for simple assault, including trying to cause bodily injury to someone, negligently causing injury with a dangerous weapon, recklessly injuring someone or attempting to cause another person to fear for their bodily safety.

Class 1 felonies?50 years of imprisonment and an optional fine of $50,000. Class 2 felonies?25 years of imprisonment and an optional fine of $50,000. Class 3 felonies?15 years of imprisonment and an optional fine of $30,000. Class 4 felonies?10 years of imprisonment and an optional fine of $30,000.

(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 ...

Generally, these offenses tend to carry low-level felony penalties, such as two to five years in prison. Aggravated assault can result in stiff felony penalties of 10-, 15- or even 20-years' prison time, plus fines of $5,000 to $20,000. The punishment often depends on the level of harm threatened or inflicted.

However, battery only occurs when there is physical contact with another, even if it is not violent. Additionally, battery is considered to have happened when there is harmful, offensive, and non-consensual touching. On the other hand, assault is the attempt or threat of violence or force on another person.

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South Dakota Complaint regarding Assault and Battery