What Is a Third-Degree Felony in South Dakota?

In South Dakota, the term “third-degree felony” refers to the least severe crimes and those with the lightest penalties. Crimes in this category often lack the maliciousness or premeditation to commit acts that lead to death or severe injuries.

Section 22-6-1 of the South Dakota Codified Laws classifies felonies into nine classes: Class A, B, C, 1, 2, 3, 4, 5, and. The states make the classification based on crime severity and corresponding penalties. So, Classes A, B, and C may include the most severe felonies, while subsequent classes contain less severe crimes.

Unlike other states, South Dakota does not use the degree classification for all felony crimes. Based on the state’s classification, most third-degree felonies are often found under the last three classes. These classes contain the least severe felonies and attract the lightest penalty for a felony crime.

Common Offenses That Fall Under Third-Degree Felony Charges

In South Dakota, types of crimes classified as third-degree felonies include the following:

• Third-degree burglary: According to Section 22-32-8, it is a third-degree burglary if the offender remains in a structure or building that is currently closed to the public, with the intention of committing a crime.
• Felonious stalking: A person is guilty of felonious stalking if such person maliciously, intentionally, and repeatedly follows a minor who is 12 years old or younger. It is also felonious stalking if the act places the child in reasonable fear of getting injured or dying.
• Simple assault: A simple assault becomes a third-degree felony if the perpetrator has two or more convictions of a simple assault within ten years. Section 22-18-1.
• Bigamy: A person commits bigamy if such person marries another while still currently married to another person. However, it’s not bigamy if the partner has been absent for five successive years. Section 22-22A-1.

Penalties and Sentencing for Third-Degree Felonies in South Dakota

In South Dakota, persons convicted of a third-degree felony may spend time in jail and pay fines. Per the state statutes, you may receive up to 10 years in jail and pay fines up to $20,000.

Third-degree felonies in South Dakota do not carry the same penalties. Some may attract more severe penalties, based on the crime severity and number of prior convictions. Based on severity, third-degree classes under Class 6 felonies incur a maximum of 2 years in a state correctional facility, while a Class 5 felony attracts up to a 5-year jail term.

Based on prior convictions, the state might increase the felony class if the offender has more than one conviction for a third-degree felony. Case in point: a third-time conviction for simple assault attracts up to a 2-year jail term, while a fourth conviction may incur up to 5 years in jail.

Will You Go to Jail for a Third-Degree Felony in South Dakota?

Yes, convicted persons receive jail time for a third-degree felony. The jail time may, however, differ based on the crime’s felony class. A class 6 felony incurs a maximum of 2 years in jail, while class 4 felonies may attract up to a 10-year jail term. Nevertheless, convicted offenders may qualify for probation, which is an alternative to serving time in prison. Probationers must follow specific requirements to have their cases dismissed.

How Long Does a Third-Degree Felony Stay on Your Record?

South Dakota felony records have a lifetime validity. In other words, they remain a part of your public records and may have severe consequences on your personal and social life. For instance, convicted offenders may struggle to gain employment as a result of their past convictions. Employers often conduct background checks as part of their recruitment process and may disqualify persons convicted of sex- or violence-related crimes.

Other consequences of third-degree felonies include:

• Loss of specific rights: Offenders may temporarily lose rights to vote or to bear arms. The state may restore the rights 15 years after the conviction.

• Difficulty in obtaining specific professional licenses: The state may bar persons convicted of felony offenses from obtaining licenses to practice in specific professions.

  South Dakota offers relief from these consequences in the form of record expungement and sealing. Offenders may petition the court to expunge specific crimes from their public records.

Can a Third-Degree Felony Be Sealed or Expunged in South Dakota?

Per SDCL 23A-3-27, you are eligible for expungement under these conditions:

• It has been more than one year since the arrest, and there are no pending charges.
• It has been more than one year since the prosecuting attorney dismissed the case.
• You were acquitted of all charges.

There are no expungements or sealings for convicted felony offenses in South Dakota. The court may, however, offer deferred adjudication for first-time offenders. In a deferred adjudication, the court expunges the criminal record after the offender fulfills the required conditions.

How Third-Degree Felonies Compare to First-and Second-Degree Felonies

Third-degree felonies in South Dakota are generally the least severe felony crimes. Such crimes typically have a lesser impact on lives and properties. Furthermore, a third-degree felony often lacks elements of violence or recklessness that are typical in more severe felonies.

Third-degree felonies are mostly under felony Class 4, 5, and 6. These crimes attract up to 10 years in jail or a maximum of $20,000 in fines. Examples of these crimes include burglary in the third degree, bigamy, felonious stalking, and simple assault.

In contrast, first- and second-degree felonies carry the harshest penalties due to their severity. These crimes often have a large impact on lives and properties. You typically mostly find these felony degrees under Class A, B, C, 1, 2, and 3 felonies.

First- and second-degree felonies attract sentencing from a few years to life imprisonment or the death penalty. Examples of such crimes include murder, rape, and kidnapping.

How to Look Up Third-Degree Felony Records in South Dakota

Interested persons or entities may look up felony records by using resources provided by government entities. These entities may offer online or offline access to records in their custody. Note that government entities may withhold access to records that contain confidential information.

The South Dakota Unified Judicial System hosts an online searchable database of third-degree felony records. Inquirers must pay the required $20 fee to view records on the platform. Alternatively, inquirers may obtain physical copies of third-degree felony records by sending a mail or email request to:

500 East Capitol Avenue
Attn: Clerk Support,
Pierre, SD 57501.
Email: ujsparssupport@ujs.state.sd.us.

South Dakota’s circuit courts also provide access to court records. Inquirers may contact the convicting court to determine the guidelines for accessing court records. Nevertheless, the courts often allow in-person or mail-in access to court documents.

Probation and Parole for Third-Degree Felony Offenders

Per South Dakota statutes, persons convicted of third-degree felonies are generally eligible for parole if:

• If they have served one-fourth of the sentence for a first-time felony conviction.
• If they have served three-eighths of the sentence for a second-time felony conviction.
• If they have served one-half of the sentence for a third-time or more felony conviction.

Convicted persons may receive probation in lieu of serving time in jail. The court judge may impose probation for the same length of time as the minimum sentencing for the crime. Persons placed on probation must adhere to the conditions to have their criminal records dismissed.