Chapin Assault Lawyer

Assault and Battery is a common criminal offense in Chapin.  People could commit an assault without even being aware that they performed an illegal act that could subject them to time in jail. At the most basic level, someone commits assault and battery any time they offer or attempt to hurt another person if they have the current ability to inflict that harm.

Many simple arguments can escalate into an assault. When police charge a person in Chapin with assault and battery, however, it becomes a serious matter.

Depending on the degree, the assault may be treated as a serious felony. Even a conviction for the lesser forms of the offense can create a criminal record that could cause problems with employment, housing and other areas of life. So, it is wise for anyone charged with assault to contact a Chapin assault lawyer as soon as possible. An experienced criminal lawyer could explain the ramifications of the charges and work to protect your rights and to reach a positive outcome.

Penalties for Assault and Battery

Assault and battery are treated as an exempted crime under state law, meaning that the penalties for assault are not based on the classification scheme in S.C. Code §16-1-20 but are instead described within the statute defining the elements of assault and battery. The penalties vary depending on the circumstances and charged offense, but in all cases, they always include the potential for a fine and a term of imprisonment.  It is important to know that a knowledgeable assault lawyer in Chapin will seek alternatives to these punishments whenever possible.

How is Third Degree Assault and Battery Treated?

Assault and battery in the third degree is treated as a misdemeanor. Those convicted may be required to pay a fine of up to $500 or be sentenced to up to 30 days in jail or both.

What Are the Penalties for Second Degree Assault and Battery?

Potential penalties increase substantially for second-degree assault and battery. Anyone guilty of this offense may be fined up to $2,500 and imprisoned for up to three years, even though the crime is labeled a misdemeanor.

What Are the Consequences of a Conviction for Felony Assault and Battery?

First-degree assault and battery are considered a felony offense punishable by up to ten years in prison.  Assault and battery of a high and aggravated nature, also a felony, carries a maximum sentence of 20 years of imprisonment.

Understanding Different Degrees of Assault

The crime of assault traditionally involved a threat or attempt to harm another person while the crime of battery consisted of a harmful or offensive contact from another person. Because these actions so often occur together, assault and battery are now treated together under state criminal statutes.

S.C. Code §16-3-600 defines first, second, and third-degree assault and battery as well as assault and battery of a high and aggravated nature. Circumstances dictate the severity of the offense, so a knowledgeable lawyer will look for evidence to demonstrate that conduct does not rise to the level of assault or constitutes only the most minors forms of the offense.

  • High and aggravated assault involves a great bodily injury, or that was produced by means that could have caused great bodily injury or death.
  • First-degree assault involves an injury or attempted injury occurring during the commission of a robbery, burglary, kidnapping or theft, or an injury involving sexual contact, or an attempted by means that could have caused serious injury
  • Second-degree assault involves injury or attempted injury that results or could have resulted in moderate bodily injury or that involved sexual contact
  • Third-degree assault involves injury or attempted injury with the present ability to cause injury that does not fit one of the more serious categories

Each of the lower three offenses is treated as a lesser-included offense of the more serious versions of assault and battery.

Let a Chapin Assault and Battery Attorney Assist You

Assault and Battery is not a crime you want on your record. A dedicated Chapin assault lawyer could work to demonstrate that actions taken do not reveal any intent to attempt injury and should not be treated as assault.

Because the less serious assault crimes are linked to the more serious versions, a criminal defense lawyer may also be able to have an assault charge reduced along with the penalties. To learn what may be possible and to get started building a strong defense, call now for a consultation.