Criminal Defense Lawyers

How Do South Dakota’s Sentencing Guidelines Address Organized Crime Cases?

Understanding South Dakota’s Approach to Sentencing Organized Crime

Sentencing Enhancements for Organized Crime

One of the main ways South Dakota gets tough on organized crime is through sentence enhancements. Normally, the sentence someone receives depends on the class of felony they’re convicted of. For example, a Class 6 felony usually carries a maximum sentence of 2 years, while a Class C felony can mean up to life in prison3. But when organized crime is involved, an extra penalty kicks in. If the court finds that you committed a felony as part of a criminal enterprise, your sentence can be bumped up to the next felony class3. So instead of a Class 5 felony and 5 years max, you could be looking at a Class 4 felony and up to 10 years. That’s a big difference. The state can also pursue a separate charge of “criminal street gang activity” if you’re found to be part of a gang and commit a felony to benefit that gang. A conviction there tacks on an extra 5 years3. So you can see how the time really starts to add up.

Mandatory Minimums for Major Drug Crimes

Drug offenses make up a big chunk of organized crime cases, and South Dakota has some of the harshest drug sentencing laws in the country. Not only do drug crimes often fall into the more serious felony classes, to begin with, but many also carry “mandatory minimum” sentences. What that means is that the judge has no choice but to impose a sentence of at least X number of years, even if they think a lighter punishment is appropriate. For example, a first-offense conviction for distributing or manufacturing drugs is a Class 4 felony with a mandatory minimum of 1 year3. But if you have prior felonies on your record, that mandatory minimum for the same crime can jump to 10 or even 15 years3. In a recent case, the leader of a Sioux Falls meth ring was found guilty of conspiracy to distribute a controlled substance. Because of the massive quantities involved and his prior record, he’s now facing a mandatory minimum sentence of 10 years to life2. That’s the kind of hard time the state wants these big-time dealers to serve.

Parole Ineligibility for Violent Crimes

Another key aspect of South Dakota’s approach is making sure violent offenders stay behind bars. In 2023, Governor Kristi Noem signed a new “truth in sentencing” law that eliminates parole eligibility for people convicted of serious violent felonies1. The law lists out 13 specific crimes, including things like murder, rape, kidnapping, and aggravated assault. If you’re convicted of one of those, you’ll have to serve your full sentence with no chance of early release1. The goal is to prevent violent criminals from being back out on the street to potentially reoffend. While this law applies to all violent crimes, not just those tied to organized crime, it’s still a significant factor. Organized criminal enterprises often rely on violence and intimidation to maintain power. By keeping those violent leaders locked up longer, the state aims to disrupt and dismantle these dangerous operations.

Federal Sentencing Guidelines

It’s important to note that organized crime can also be prosecuted at the federal level, and that brings a whole other set of sentencing rules into play. The U.S. Sentencing Commission establishes guidelines that federal judges use to calculate the appropriate sentence for different crimes4. These guidelines take into account a variety of factors, like the seriousness of the offense, the offender’s criminal history, and whether they played a leadership role in the criminal enterprise. There are also specific enhancements that apply to racketeering and other organized crime offenses. Federal sentences for organized crime tend to be extremely severe, often involving decades behind bars. In some cases, life sentences are handed down. And unlike at the state level, there’s no parole in the federal system. So if you’re convicted of a federal crime, you’ll serve at least 85% of your sentence no matter what4.

The Impact on Victims and Communities

It’s easy to get caught up in the legal technicalities of sentencing guidelines, but it’s crucial not to lose sight of the human toll of organized crime. These enterprises leave a trail of victims in their wake – individuals who have suffered violence, had their lives upended by addiction, or lost their life savings to fraud. By cracking down hard on organized crime, South Dakota aims to achieve justice for those victims and prevent more from being harmed. Lengthy prison sentences can’t undo the damage that’s been done, but they can provide some measure of closure and safety for victims. The impact goes beyond just individual victims, though. Organized crime corrodes entire communities, fueling cycles of poverty, addiction, and violence. When criminal enterprises are allowed to flourish, they undermine the social fabric and make neighborhoods less safe for everyone. That’s why these tough sentencing laws are about more than just punishment – they’re a key part of disrupting organized crime at its roots. By taking key players off the streets for extended periods, law enforcement can destabilize criminal networks and create space for communities to heal.

Balancing Punishment and Prevention

Of course, incarceration alone isn’t a complete solution to the problem of organized crime. While strict sentences play an important role, experts agree that a balanced approach that also includes prevention and rehabilitation is necessary. This could involve things like community policing to build trust between law enforcement and residents, or investing in education and job training programs to reduce the appeal of joining a criminal enterprise. Addiction treatment and mental health services are also critical to helping break the cycle of substance abuse that organized crime often preys on. The goal is to create a comprehensive strategy that not only holds criminals accountable but also addresses the underlying conditions that allow organized crime to take root in the first place. It’s a complex challenge, but one that South Dakota is tackling head-on.

Navigating the Legal System

If you do find yourself facing organized crime charges in South Dakota, the most important thing is to take them seriously from the start. The stakes are simply too high to try to navigate the legal system on your own. Your first step should be consulting with an experienced criminal defense attorney who understands the ins and outs of the state’s complex sentencing laws. They can help you understand the specific charges against you, the potential penalties you’re facing, and your options for mounting a defense. In some cases, it may be possible to negotiate a plea deal that reduces the charges or the sentence. Your lawyer can advise you on whether that’s a good option in your situation. If your case does go to trial, having a skilled attorney in your corner to challenge the prosecution’s evidence and arguments is absolutely essential. It’s also crucial to remember that you have rights throughout the criminal justice process, from your initial arrest through sentencing. This includes the right to remain silent, the right to an attorney, and the right to a fair trial. Don’t be afraid to assert those rights and insist on being treated fairly at every stage.