Aiken County Assault Lawyer

If you are facing assault and battery charges in Aiken County, it is important to understand all the ramifications. Assault is a term that applies to many different crimes in South Carolina law and depending on the type of assault alleged, the potential sentences range from 30 days to 20 years of imprisonment.

An Aiken County assault lawyer will not only be able to explain the nature of the charges in your case, but also your options for fighting those charges. In addition, an aggressive assault attorney can work to ensure that all essential evidence is uncovered and advocate on your behalf throughout the process to help achieve the best possible result.

Different Types of Assault Offenses

The primary statute defining assault and battery crimes is set forth in §16-3-600 of the South Carolina Code. This statute defines four separate offenses, ranked in severity from greatest to least. They are:

  • Assault and battery of a high and aggravated nature
  • Assault and battery in the first degree
  • Assault and battery in the second degree
  • Assault and battery in the third degree.

In addition, the code explains that other statutory crimes do not change or replace certain common law forms of assault, indicating that individuals may be charged with these assault crimes as well. For instance, assault and battery with intent to kill is no longer charged and is generally included under the code provision of attempted murder. (See S.C. Code §16-3-625). For help with building a defense, get in contact with an Aiken County assault lawyer.

Felony Offenses in Aiken County

Assault and battery of a high and aggravated nature and assault and battery in the first degree are both felony offenses. An assault and battery is considered high and aggravated when someone injures another unlawfully and either causes great bodily injury or acts in such a manner that great bodily injury or death is likely to result.

First-degree assault can occur in several different circumstances, some of which involve the infliction of an injury and some of which only involve an attempt to inflict injury. An individual commits assault in the first degree when injuring another either during the commission of a theft, burglary, kidnapping, or robbery or in a situation involving unpermitted sexual contact made with lewd and lascivious intent.

An individual may also commit first-degree assault by attempting or offering to injure another while having the ability to cause such injury and either acting in a way that is likely to cause death or severe injury or making such attempt while committing a theft, burglary, kidnapping, or robbery. Assault and battery in the first degree is punishable by up to 10 years in prison, while the maximum sentence for assault and battery of a high and aggravated nature increases to 20 years.

Misdemeanor Charges

Both second and third-degree assault and battery are classified as misdemeanors, although the penalty for second-degree assault would make it a felony in most jurisdictions. As with first-degree assault, an assault and battery in the second degree can involve either an injury or attempt to injure, so long as the individual taking action has the means to accomplish such an injury. An assault and battery will be considered second-degree if moderate injury results or could have resulted, or if the action involves nonconsensual sexual touching. Second-degree assault may result in up to three years in prison and a fine of up to $2,500.

Assault and battery in the third degree is the least serious assault offense. A person may face these allegations for unlawfully injuring or attempting to cause any injury to another while having the ability to cause such injury. Penalties for this offense include a fine of up to $500 and incarceration for up to 30 days. A person charged with such accusations should reach out to an Aiken County assault lawyer for help with building a defense.

Consulting an Aiken Assault Attorney

Whether you are facing charges for a serious felony or a misdemeanor, certain objectives remain the same. You want to make sure your rights are protected and your side of the story is made known. You also want to reach the best possible outcome in your case.

An Aiken County assault lawyer who understands how local courts handle assault and battery cases can devise the best defensive strategy based on the unique circumstances of your situation and could fight every step of the way to help you reach your goal. Call now to find out how an experienced attorney can help.