Understanding Class 1 Misdemeanors in South Dakota

In South Dakota, there are two classes of misdemeanors: Class 1 and Class 2 misdemeanors. Class 1 misdemeanors are considered the most serious of the twoa classes. These misdemeanors are subject to maximum penalties of one year imprisonment in a county jail, a $2,000 fine, or both, per South Dakota Codified Laws (SDCL) § 22-6-2. By comparison, a class 2 misdemeanor is punishable by a maximum of 30 days imprisonment in a county jail, a $500 fine, or both.

Examples of Class 1 Misdemeanors in South Dakota

Class 1 misdemeanors in South Dakota include, but are not limited to, the following offenses:

• Simple assault (SDCL § 22-18-1): this occurs when an individual does any of the following:
  • Attempts to cause bodily injury to another person
  • Intentionally causes another person bodily injury
  • Recklessly inflicts bodily injury on another person.
  • Attempts to use physical menace or credible threat to instill the fear of imminent bodily harm in another person
  • Uses a dangerous weapon to inflict bodily injury on another person negligently
• Traffic offenses such as;
  • First and second offense of driving a vehicle while under the influence of alcohol, a drug, or an intoxicant (SDCL § 32-23-1)
  • Third-degree eluding law enforcement officer(s) (SDCL § 32-33-18.1)
  • Failing to provide contact information at the scene of an accident that resulted in property damage (SDCL § 32-34-6).
  • Reckless driving (SDCL § 32-24-1), including second and subsequent offenses within one year.
  • Organized street racing (SDCL § 32-24-12)
• Misprision of felony (SDCL § 22-11-12): this entails concealing non-privileged information about the commission of a felony.
• Theft-related offenses such as;
  • First-degree petty theft (SDCL § 22-30A-17.2).
  • Operating a vehicle without the owner’s consent (SDCL § 22-30A-12)
• Firearm-related offenses, like:
  • Reckless discharge of a firearm (SDCL § 22-14-7(1))
  • Possessing a loaded firearm while intoxicated (SDCL § 22-14-7(3))
  • Possession of a pistol by a minor (SDCL § 23-7-44)

In South Dakota, cases involving class 1 misdemeanors may be handled by circuit or magistrate courts. Interested persons can search and inspect South Dakota criminal court records for information about these cases.

Class 1 misdemeanor offenses.

Penalties for a Class 1 Misdemeanor in South Dakota

Pursuant to SDCL § 22-6-2, the maximum penalties for a class 1 misdemeanor include a $2,000 fine and up to one year imprisonment in a county jail. The court may also impose additional penalties, depending on the type and severity of the offense. These include the defendant being ordered to pay restitution to the victims of their crime, attend a diversion program, and have their driver's license revoked for up to one year.

Probation and Alternative Sentencing Options in South Dakota

Probation in South Dakota is a sentence that a judge may impose on first-time offenders charged with non-violent crimes, allowing them to serve all or part of their term of imprisonment in the community. It typically lasts for a specified period during which a court services officer supervises the offender and must comply with the standard conditions of probation, along with any additional conditions imposed by the court. These conditions may include, but are not limited to:

• Refraining from alcohol or the use of unprescribed controlled substances
• Not associating with individuals convicted of a felony or engaged in criminal activities, unless permitted by their probation office
• Regular drug testing
• Remaining within a specific judicial district
• Frequently reporting to their probation officer.

Probation is one of several alternative sentencing options that a South Dakota court may impose on an offender in lieu of or combined with traditional incarceration. Some others include:

• House arrest: This allows offenders to serve a jail sentence at home instead of in a correctional facility. During house arrest, the participant's movement will be closely monitored using a GPS ankle monitor and may be restricted solely to their home, place of work, or school.
• Community service: this involves offenders being ordered by a court to perform unpaid work that directly benefits their community. Some examples of this unpaid work may include collecting trash, mentoring at-risk youth, and volunteering at homeless shelters or food banks.
• Diversion programs: These are programs that an offender may be ordered by a court to complete in order to have their charges reduced or dismissed. One of the main objectives of these programs is to rehabilitate offenders outside of the formal justice system.

It’s important to note that when determining eligibility for alternative sentencing, courts typically consider the nature and severity of the offense, as well as the offender’s criminal history.

Can a Class 1 Misdemeanor Be Expunged or Sealed in South Dakota?

According to SDCL § 23A-3-26, expungement is a court order process that seals all records within the criminal justice system concerning an offense, thereby making the affected records unavailable to the public. Note that expungement does not involve the physical destruction of records.

In South Dakota, a class 1 misdemeanor may be eligible for expungement if it meets any of the following requirements:

• It is a first offense and resulted in a deferred adjudication (i.e., a suspended imposition of sentence) per SDCL § 23A-27-12.2.
• It resulted in a diverted case, and the offender completed the condition of division pursuant to SDCL § 23A-3-37
• The offender receives a pardon for the offense from the governor, as provided in SDCL § 24-14-11.
• It is a juvenile record per SDCL § 26-7A-115.

Expunging a criminal record in South Dakota may have various positive impacts on an individual’s life, most notably improved job and housing opportunities. The table below provides an overview of different facts about records that are eligible for expungement.

Long-Term Consequences of a Class 1 Misdemeanor Conviction

Different aspects of an individual’s life may be negatively impacted when they have a class 1 misdemeanor conviction on their criminal record. Some of the most prominent and far-reaching long-term consequences include the following:

• Employment: Employers may consider past convictions when interviewing an individual for a position. Generally, convictions may reflect negatively on an individual's character and are viewed as a point of concern.
• Occupation licensing: Licensing agencies are permitted to reject license applications from individuals and take action against licensees who have been convicted of an offense that “directly relates” to their licensed occupation. Thus, a misdemeanor conviction can restrict an individual's ability to obtain or retain a professional license. For instance, having a traffic-related conviction may hinder an individual from possessing a commercial driver’s license.
• Housing: Landlords may conduct background checks on potential tenants and may consider certain types of class 1 misdemeanors as potential risk indicators.
• Gun ownership: Individuals convicted of any misdemeanor crime involving domestic violence are prohibited from possessing a firearm for a minimum of one year after their conviction date per SDCL § 22-14-15.2.

What to Do if You’re Charged with a Class 1 Misdemeanor in South Dakota

One of the first steps an individual charged with a class 1 misdemeanor in South Dakota should take is consulting with a licensed attorney. They will be able to break down applicable statutes and explain what the charges entail, as well as their potential consequences. It is also crucial to gather documents and information about the charge, which may be used to support an individual’s defense. A good rule of thumb is never to ignore legal notices and address them as soon as they are discovered. Furthermore, taking note of hearing dates is equally important, as missing court dates may result in additional charges.

Statute of Limitations for Class 1 Misdemeanors in South Dakota

According to SDCL § 23A-42-2, most class 1 misdemeanor offenses are subject to a seven-year statute of limitations from the date the offense was committed. However, the prosecution of forgery and theft offenses can commence at any time within seven (7) years after the offense is discovered, per SDCL § 23A-42-3.

It is worth noting that SDCL § 23A-42-5 allows for the tolling of the limitation period while a defendant is out of state. This implies that the limitation period for prosecuting an offense only begins to be counted when the defendant is in the state.