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What To Do If You're Charged With Assault
Contact A Criminal Defense Attorney In Columbia, SC
Being accused of a violent crime could ruin your reputation, and being convicted could ruin your life. If you’ve been charged with assault and battery, you should retain a criminal defense attorney. The Law Office Of Patrick C. Sharpe LLC. takes cases involving assault and battery charges in Columbia, SC. A skilled attorney will interview witnesses, gather evidence, and build a strong criminal defense.
Attorney Sharpe will explore all possible defense strategies for your case. If you are facing assault charges, contact a South Carolina assault lawyer today to hear your legal options.
What Is Assault And Battery?
While you can have both assault charges and battery charges filed against you, South Carolina also has four classifications of assault and battery. You can be charged with assault and battery if…
You injure someone
You attempt to injure someone
You threaten to injure someone
Your charges may be more serious depending on the extent of the victim’s injuries. To get more information about your charges, contact Attorney Sharpe as soon as possible. If you have been charged with an aggravated assault or may have been wrongly accused of bodily harm, call us today.
Assault And Battery Examples
These actions could be considered assault and battery.
Assault can include:
- Threatening to hurt someone (with the intent to follow through and the present ability to do it),
- Throwing something at someone (even if it does not hit them),
- Pointing a gun at someone,
- Raising your fist or swinging at someone, or
- Spitting at someone.
Battery can include:
- Punching somebody or striking them with an object or weapon,
- Slapping, pinching, pushing, or kicking someone,
- Shooting a person with a gun,
- Touching a person sexually without permission, or
- Touching a person in any way that is unwanted.
Is Assault And Battery A Felony In South Carolina?
Assault and Battery encompass a wide range of crimes, anything from a scratch to great bodily harm, a threat of violence to an injury that is likely to cause untimely death. An Assault happens when the offender intends to do harm to another person. Battery is considered physical contact that results in the unlawful touching of another person without their permission, and there is a likely possibility that the intended touching will cause injury.
In South Carolina, assault and battery is a serious felony charge. The degree of assault depends on the severity of the injury. First Degree and assault and battery of High and Aggravated Nature (ABHAN) is a felony charge, while Second- and Third-Degree charges are categorized as misdemeanors.
Assault & Battery Of A High And Aggravated Nature (ABHAN)
A person commits ABHAN if the accused person unlawfully injures another person, and:
- The victim suffers great bodily injury; or
- Whatever the Defendant does to the victim is accomplished that would likely result in their death or great bodily injury.
The maximum possible jail sentence for this is 20 years. You cannot be sentenced more than 20 years, but you could be sentenced to less than 20 years for this crime. There is no mandatory minimum prison sentence for aggravated assault and battery of a high and aggravated nature.
Charges Can Get Increased Unnecessarily
Sometimes the facts get taken out of context and valid defenses are overlooked. For example, minor injuries may look worse in photographs, thus leading to a felony charge , rather than a misdemeanor. There are often good defenses available to those who are charged with assault and battery in South Carolina, including self-defense. Though the facts may be clouded by multiple versions or varying accounts.
Consult A Dedicated Columbia Aggravated Assault Attorney
A conviction for assault could interfere with employment opportunities and damage your reputation for years ahead. Assault is frequently charged in domestic violence situations, which often involve complicating factors such as protective orders. An experienced attorney can help you navigate the legal intricacies surrounding an assault allegation and help guide you through the legal process.