Select your state

Criminal charges

assault on a police officer

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.

In South Dakota, assault is defined under SDCL 22-18-1 as an attempt to cause bodily injury to another, or intentionally causing bodily injury to another, or intentionally making another person reasonably fear imminent bodily harm. The state differentiates between simple assault and aggravated assault, with the latter being a more serious offense that involves causing serious bodily injury or assault with a dangerous weapon. Simple assault is usually a misdemeanor, while aggravated assault is a felony. Assaulting a law enforcement officer, including a police officer or peace officer, while they are performing their duties, is considered a more serious crime and can lead to enhanced penalties under SDCL 22-18-1.1. This enhancement can elevate the charge to a felony, depending on the circumstances and the severity of the assault.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal charges

assault on a police officer

Individual & Family Legal Plan

Articles

South-Dakota State Code

South-Dakota State Code

Criminal charges

assault on a police officer

Articles