When Facing Tough Times… You Need Someone You Can Trust
Summerville Violent Crimes Attorneys
Protecting Your Rights & Fighting for Your Future
There is no question that being charged with a violent crime is a frightening experience. If you are facing charges for assault, battery, domestic violence, stalking, or any other violent crime, you could face a lengthy prison sentence and substantial financial penalties. It is important to understand that the government must prove its case against you beyond a reasonable doubt. Our Charleston criminal defense lawyers at Templeton Mims & Ward are well-versed in the court system, the prosecutors and judges that preside over these cases, and how to build a persuasive defense strategy.
Call (843) 891-6100 or contact us online today to schedule a confidential consultation with an experienced Summerville violent crimes lawyer.
Understanding Assault Charges
Assault is a crime that is defined differently from state to state. In South Carolina, assault is defined as an attempt or threat to inflict injury upon another person or an intentional physical act that creates a reasonable fear of imminent injury in another. An assault can be committed with a weapon or without. Assault with a deadly weapon is a more serious offense and may be charged as a felony or misdemeanor. Assault charges can arise out of disagreements and fights, but they can also arise out of a misunderstanding. An assault charge can be brought against you if you threaten another person, if you fight with another person, or if you get into an argument with another person that gets out of hand.
What Are the Penalties for Assault Charges in South Carolina
South Carolina classifies assault charges into several categories, each carrying varying degrees of severity and consequences. The most common types include:
- Simple Assault: This charge typically involves an attempt to cause harm or fear of harm to another person without the use of a weapon. Simple assault is usually classified as a misdemeanor.
- Penalties: A misdemeanor punishable by up to 30 days in jail and/or a fine of up to $500.
- Assault and Battery in the Second Degree: This charge applies when the perpetrator causes moderate injury but is not considered to have used a weapon. It is also classified as a misdemeanor.
- Penalties: A misdemeanor punishable by up to 3 years in prison and a fine of up to $2,500.
- Assault and Battery in the First Degree: This charge is reserved for cases involving serious bodily injury or actions during a robbery or kidnapping. It includes nonconsensual touching with lewd intent. This offense is classified as a felony.
- Penalties: A felony punishable by up to 10 years in prison.
- Assault and Battery of a High and Aggravated Nature: This more serious charge arises when the victim suffers significant injury or is threatened with serious bodily harm. This charge is classified as a felony.
- Penalties: Up to 20 years in prison.
In cases of domestic violence, the penalties may also include mandatory counseling requirements and the potential for a restraining order against the perpetrator. Understanding the specific charges and potential penalties is crucial in navigating the legal landscape and building a robust defense.
Aggravating Factors:
Certain factors can increase the severity of assault charges in South Carolina:
- Use of a deadly weapon (firearm, knife, etc.)
- Committing the assault during another felony (e.g., robbery)
- Prior criminal record or prior convictions for assault
- Assaulting vulnerable victims (children, elderly, or disabled individuals)
What Are Common Defenses Against Assault Charges?
If you are facing charges for a violent crime, it is important that you act quickly to secure your legal rights. An experienced attorney can help you understand the charges against you and build a strong defense strategy. Several defenses can be used in South Carolina, including:
- Self-defense
- Defense of others
- Lack of intent or accidental contact
- Consent of the victim in some cases
Each case can differ depending on the details, and having experienced legal representation is essential to understanding the charges and building an appropriate defense.
For example, if you are charged with battery, our attorney could argue that you were acting in self-defense. If you are charged with stalking, our attorney could argue that you had a reasonable fear for your safety. If you are facing charges for a violent crime, it is important that you act quickly to secure your legal rights.
Call Our Assault Defense Attorneys Today
Our attorney can help you by challenging the sufficiency of the evidence against you, raising defenses based on the facts of your case, and arguing for a less severe charge, lesser included offense, or other favorable resolution.
An experienced attorney can help you understand the charges against you and build a strong defense strategy.
Contact (843) 891-6100 or contact us online today to discuss your case with an experienced violent crimes attorney in Summerville.
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