Charleston Assault Lawyer

South Carolina law defines the crime of assault as the act of injuring or attempting to injure another individual. You can also be charged with assault if the other person was reasonably afraid that you would harm them, even if you did not physically touch them.

An experienced Charleston assault lawyer may seek a reduction in charges by negotiating with prosecutors for a plea deal. In addition, a defense attorney could possibly fight for the prosecutor to drop your charges based on a lack of evidence or rights violations.

Overview of Assault Charges

Third-degree assault and battery commonly referred to as Simple assault is a misdemeanor that occurs when someone unlawfully attacks or injures another person. To be charged with simple assault, a person must injure or attempt to injure another individual, but without using a weapon or causing the victim to suffer severe bodily injury. This misdemeanor offense can carry a prison term of up to 30 days plus up to $500 in fines.

Second-degree assault is also a misdemeanor, but it carries harsher penalties. This offense involves unlawfully injuring or attempting to injure another person, or touching their genitals without consent. Penalties can include up to three years in jail and a fine of up to $2,500.

First-degree assault is a felony that involves offenses such as unlawfully injuring or attempting to injure another person with the intent to cause death or serious injury, or touching another person’s genitals without consent for lewd or lascivious intent. Committing the assault during the course of a robbery, burglary, kidnapping, or theft also elevates it to a first-degree assault. This crime can lead to a prison sentence of up to 10 years plus fines and other penalties.

Another related felony offense is assault and battery of a high and aggravated nature (ABHAN). Unlawfully causing great bodily injury to another person or unlawfully injuring another person in a way that is likely to cause death or great bodily injury can constitute ABHAN. A person convicted of ABHAN can be imprisoned for up to 20 years. A person charged with any level of assault should speak with a Charleston attorney right away for legal guidance.

Potential Defenses To Assault Charges

A Charleston attorney could provide indispensable help with assault charges by thoroughly evaluating an individual’s case, identifying possible defenses, and negotiating with the prosecutor. A lawyer could carefully review the prosecution’s evidence to find potential inconsistencies, gaps, or areas where the evidence might be weak.

An attorney will explain the charges, potential consequences, and legal options throughout the process. An experienced lawyer with extensive resources will also conduct their own investigation to gather additional information and build a strong defense.

Potential defenses to assault charges include self-defense, accident, and lack of intent. Legal counsel could also use factors involving mistaken identity, accidental injury, or acting in the defense of others to challenge assault charges.

Contact a Charleston Assault Attorney To Defend Your Rights

If you face a criminal charge like assault, a conviction could mean jail time, fines, probation, and other harsh consequences that will affect you for years to come. Multiple outcomes are possible when you are charged with a crime, but hiring a Charleston assault lawyer ensures you have someone fighting on your side for the best possible results.

If you have been arrested but not formally charged, an attorney could still serve as your legal representative and protect your rights. A lawyer could advocate on your behalf during police interrogations and protect you from saying anything that could unintentionally incriminate you. Contact Price Benowitz today to request your free case evaluation with a top criminal defense attorney.