Clemson Assault Lawyer

Assault charges are considered offenses of violence and are therefore taken very seriously by state prosecutors and the courts. In order to protect yourself from potentially severe criminal penalties, it is highly important that you utilized a skilled criminal defense attorney to protect your rights. Assault charges can range from misdemeanor to felony offenses, so understanding and defending your case is very important.

If you are facing assault charges, an experienced Clemson assault lawyer could help you build you a defense to protect your constitutional rights. A local defense attorney could advocate on your behalf and help you avoid the consequences of a guilty conviction.

Defining Assault in South Carolina

A basic definition of assault is when one person unlawfully touches another person. While most people think of an assault as a “fight,” there are many more nuances to this law than people generally think. Different forms of assault charges exist under state law and the facts of the defendant’s unique case will ultimately determine what is charged and what must be defended.

Simple Assault

A simple assault is also called an assault and battery in the third degree. This offense is very commonly charged as it covers a typical fight, but one that does not occur with a weapon or any serious bodily injury to the other person. A simple assault is a misdemeanor level offense. While less serious than a felony, it still carries potentially serious penalties.

These penalties include a jail sentence of up to thirty days and a maximum possible fine of up to $500. Even this charge deserves a strong defense, as an assault on a defendant’s criminal record can have long-lasting effects on their ability to be employed or go to a school of their choosing.

Second Degree Assault

This form of assault occurs when the defendant’s unlawful touching results in moderate bodily injury to the other person, or moderate bodily injury could have occurred as a result of the conduct alleged. It may also occur when there is non-consensual contact with another person’s private parts.

If convicted of a second degree assault, a defendant could face up to three years in state prison and a fine of up to a maximum of $2,500. As a felony offense, the defendant could also lose constitutional rights such as the right to own a firearm, vote, and serve on a jury.

First Degree Assault

If a person suffers great bodily injury by the defendant, the defendant could face a first-degree assault charge. It can also occur during certain non-consensual touching of private parts, or when the assault occurred as part of certain separate criminal offenses such as:

• Robbery
• Burglary
• Theft
• Kidnapping

The defendant may face up to ten years in prison following a conviction.

Assault and Battery of a High and Aggravated Nature

This incredibly serious version of the offense carries up to twenty years in prison if convicted of the offense. It requires an incredibly strong defense to try to prevent lengthy prison sentences.

An Assault Attorney in Clemson Can Defend Your Case

A strong defense of your case is necessary to help prevent these criminal penalties. Every case is different and requires an in-depth analysis of the facts of your case. These offenses are often over-charged by the prosecutor, and could be subject to a reduction in the level of offense, or dismissal of the charge against you.

An experienced Clemson assault lawyer can take a look at your case and begin to build you a criminal defense. Call today.