Assault & Battery Attorney in Summerville
Facing Assault & Battery Charges in SC?
If you’re facing assault & battery charges, you may not have physically harmed someone. Physical injury does not need to occur for police to charge someone with assault and battery in South Carolina. Penalties and consequences depend on the severity of the alleged offense, any prior convictions, and details in the police report. Every case brings different risks for jail time, fines, or other restrictions.
Assault and battery or aggravated assault charges in Summerville move quickly through the Dorchester County court system. Early case preparation helps shape a better outcome. When you seek legal help promptly, you can better protect your rights and understand every step—from your first hearing to the final judgment.
Contact us to schedule a consultation with our Summerville assault & battery attorneys.
What is Assault and Battery?
Assault and battery are often used together, but they are actually two distinct legal concepts related to physical harm or threats of harm against another person:
- Assault: Assault is the intentional act of causing someone to fear that they are about to be physically harmed. It does not require physical contact. For example, raising your fist and threatening someone could be assault.
- Battery: Battery is intentional and unlawful physical contact with another person without their consent. It includes harmful or offensive contact, such as punching or shoving someone. The key factor is unwanted physical touch.
South Carolina law includes four primary categories for assault and battery offenses. Aggravated assault, formally called Assault and Battery of a High and Aggravated Nature (ABHAN), carries the harshest penalties. Prosecutors in Summerville and Dorchester County review the evidence, weapon involvement, witness accounts, and claims of serious injury to decide which charge applies. Local law enforcement agencies, such as the Summerville Police Department and Dorchester County Sheriff's Office, often investigate these incidents and work with county prosecutors throughout the process.
What Factors Determine The Seriousness of Your Charges?
While not a complete list, law enforcement considers several important factors to determine the degree of assault or battery charge:
- Severity of injuries suffered by the victim
- Age of the victim
- Relative size—such as height and weight differences—between the accused and the victim
- Whether the victim requests prosecution
- If a weapon was used
- Whether the alleged conduct involved inappropriate contact with the victim
The location of the incident, presence of deadly weapons, and intent to cause harm can elevate charges to a felony in Summerville. Prosecutors move these cases through Dorchester County courts quickly.
How the Assault & Battery Attorneys at Templeton Mims & Ward Can Help
While assault and battery charges are serious, there are often defense options available. We evaluate every detail to find possible approaches for a more favorable outcome in your case. Understanding how prosecutors and local law enforcement build a case lets us craft a clear defense strategy for each client.
Self-Defense
You may lawfully use a reasonable degree of force to protect yourself from bodily harm. The law allows you to defend against immediate threats as long as your response matches the threat faced. If you started the conflict, you typically cannot claim self-defense. However, if you can show you retreated from the altercation, the law lets you raise self-defense even if you first engaged. Each situation turns on its facts, so clear and timely evidence helps support your side.
Judges and juries in Summerville consider the specific details to decide if self-defense applies. Gathering evidence promptly after the incident—such as witness statements or video footage—often helps strengthen your position.
Defending Others
South Carolina law lets you act to defend another person who is threatened, provided you played no part in creating the situation. The defense of others works much like self-defense and relies on your actions being reasonable and necessary.
Defense of Property
You may use reasonable force to secure your property, but the law gives you less leeway than in self-defense cases. Almost never can deadly force be justified solely to protect property.
If your charge resulted from defending someone or your property in Dorchester County, supportive evidence from police records or Summerville business surveillance video can be crucial at trial. Proving you meant only to protect—not to harm—requires careful documentation and context.
Accident
If the facts demonstrate that the harm occurred by accident, this also may serve as a defense. South Carolina law recognizes that genuine accidents do not justify criminal convictions if no criminal intent existed.
When you argue an accident, every piece of evidence—911 call logs, witness accounts, or accident reconstructions—can add weight to your side. Courts in Summerville focus on intent and recklessness, so building a thorough, consistent defense can be a key factor at trial.
