What is a Habitual Offender Information or Part II Information in South Dakota?
A habitual offender information is a document that the State files when a defendant has been convicted of one or more prior felonies to enhance the maximum penalty for the felony charge the defendant is currently facing. If a defendant has one or two prior felonies that habitual offender information increases the maximum penalty for the current offense one level. (See SDCL 22-7-7). If a defendant has three or more prior felonies, none of which are classified as violent offenses, the habitual offender information will increase the maximum penalty by two levels. (See SDCL 22-7-8). If the defendant has three or more prior felonies, and one or more of the prior felonies are classified as violent, the habitual offender information will increase the maximum penalty for the current felony offense to up to a maximum of life in prison (See SDCL 22-7-8.1). Violent crimes include the following: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, arson, kidnapping, felony sexual contact, felony child abuse, or any other felony in which the perpetrator used force, was armed with a weapon, or used an explosive device or destructive device. (See SDCL 22-12(9)).
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