Federal Assault Sentences in the District of South Dakota, FY2016–2025
448 people were sentenced for assault in the District of South Dakota in fiscal years 2016 to 2025, 9% of the 5,041 people sentenced in the district. The median prison term was 30 months (2.5 years), lower than the 42 months for assault across all 94 federal districts. 13% of sentences were above th
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of South Dakota, FY2016–20 › Assault: District of South Dakota
In brief: 448 people were sentenced for assault in the District of South Dakota in fiscal years 2016 to 2025, 9% of the 5,041 people sentenced in the district. The median prison term was 30 months (2.5 years), lower than the 42 months for assault across all 94 federal districts. 13% of sentences were above the guideline range.
This post uses the U.S. Sentencing Commission's records of 448 people sentenced in federal court in fiscal years 2016 to 2025. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Sentences Above the Guideline Range
The advisory guideline range is the range a judge calculates for each case. For assault in this district, 13% of sentences (58) were above the range. 55% (248) were within it, 6% (28) were below it at the government's request, and 25% (114) were below it without a government request.
For all offenses in the district, the within-range share was 57%, and across all 94 districts for assault it was 48%.
Median Prison Term and Its Spread
424 of the 448 people (95%) received a prison term, and 24 (5%) received probation only. The median was 30 months. A quarter received 48.5 months or more, and a quarter received 12 months or less.
Across all 94 districts, 7,573 people were sentenced for assault, 90% were sent to prison, and the median was 42 months. For all offenses in the District of South Dakota, the median was 36 months.
Guilty Pleas and Trials
424 of 448 (95%) pleaded guilty, and 24 were convicted after a trial. The median prison term was 28 months after a guilty plea and 42 months after a trial.
More than 99% of guilty pleas had a written plea agreement. A mandatory minimum prison term applied to 21 of the 447 people with that information recorded (5%).
Which Assault Guidelines Were Used
The most common primary guideline was §2A2.2 (Aggravated Assault), used in 335 cases. §2A2.3 (Assault) was used in 90 cases, §2X3.1 (Accessory After the Fact) in 5, and §2A2.1 (Assault with Intent to Commit Murder) in 3.
The offense type is the Commission's category. The guideline counts show which guideline applied. They do not describe what happened in any case.
Medians From Year to Year
217 people were sentenced in fiscal years 2016 to 2019, and 231 in fiscal years 2020 to 2025. The yearly count ranges from 29 in fiscal year 2023 to 67 in fiscal year 2017.
The yearly median prison term was 21 months in fiscal year 2021 and 45 months in fiscal year 2023. The table shows medians that rise and fall, and the records do not explain the changes.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 64 | 28 months | 97% |
| 2017 | 67 | 21.4 months | 100% |
| 2018 | 46 | 30 months | 89% |
| 2019 | 40 | 30 months | 85% |
| 2020 | 42 | 27 months | 100% |
| 2021 | 40 | 21 months | 93% |
| 2022 | 30 | 36.5 months | 93% |
| 2023 | 29 | 45 months | 93% |
| 2024 | 44 | 26.5 months | 93% |
| 2025 | 46 | 41 months | 98% |
After Release and Other Orders
409 people (91%) were ordered to serve supervised release after prison, with a median term of 36 months. Restitution was ordered for 67 (15%), and a fine for 4 (less than 1%).
In criminal history, 51% were in the lowest category I and 4% in the highest VI.
What the Records Cannot Show
Ellsworth AFB, South Dakota is in this district. Courts-martial are tried in military courts, not in this federal court. The federal numbers cover only people convicted and sentenced, so acquittals and dismissals are not included.
How We Counted
Everyone sentenced in federal court in the District of South Dakota (U.S. Sentencing Commission district label "South Dakota") in fiscal years 2016 to 2025 whose offense type was "Assault" (448). Offense types are the Commission's OFFGUIDE categories.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Mandatory minimum sentences. Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Sentences in the District of South Dakota, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Obscenity and Other Sex Offense Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Fraud, Theft, and Embezzlement Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.