Question 1

What is the statute of limitations for criminal defense in South Dakota?

Accepted Answer

Class A, B, and C felonies (the most serious offenses) have no statute of limitations. Most other felonies and all misdemeanors must be charged within 7 years. (SDCL § 23A-42-2)

Question 2

What is South Dakota's law on felony classification and penalties?

Accepted Answer

Class A felonies carry death or life imprisonment. Class B: life imprisonment. Class C: up to life. Class 1: up to 50 years. Class 2: up to 25 years. Class 3: up to 15 years. Class 4: up to 10 years. Class 5: up to 5 years. Class 6: up to 2 years. (SDCL § 22-6-1)

Question 3

What is South Dakota's law on misdemeanor classification and penalties?

Accepted Answer

Class 1 misdemeanors carry up to 1 year in county jail and a $2,000 fine. Class 2 misdemeanors carry up to 30 days in county jail and a $500 fine. (SDCL § 22-6-2)

Question 4

What is South Dakota's law on expungement of criminal records?

Accepted Answer

South Dakota allows expungement for arrests not followed by charges (after 1 year), dismissed cases, certain misdemeanors (after 10 years), and for persons age 75+ (after 10 years). Class 2 misdemeanors and petty offenses are automatically expunged after 10 years. (SDCL § 23A-3-26 to 23A-3-37)

Question 5

What is South Dakota's law on dui (driving under the influence)?

Accepted Answer

The BAC limit is 0.08%. A first-offense DUI is a Class 1 misdemeanor (up to 1 year jail, $2,000 fine, 30-day license revocation). A second offense is also a Class 1 misdemeanor with a 1-year license revocation. A third or subsequent offense is a Class 6 felony, and fourth or subsequent is a Class 5 felony. (SDCL § 32-23-1)

Criminal Defense Laws in South Dakota.

Statute of Limitations

Key South Dakota Statutes

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