Columbia Assault And Battery Penalties

Individuals could face harsh penalties for assault and battery.  The penalties associated with assault in Columbia depend on the type of assault. There are three different degrees of assault and battery as well as assault and battery of a high and aggravated nature. The lowest level is assault and battery third degree, which is a misdemeanor and carries a maximum jail sentence of above 30 days. Assault and battery second degree is a misdemeanor that carries a maximum sentence of up three years in prison at South County Department of Corrections.

An assault and battery first degree, which is a felony, carries a maximum sentence of up to ten years in prison. An assault and battery at the highest level, assault and battery at the high and aggravated nature, carries up to 20 years in prison and is also a felony.

Those who have been charged with assault and battery should seek help from an experienced defense attorney. The attorney could explain the Columbia assault and battery penalties and help you avoid a conviction. Reach out to a knowledgeable assault and battery attorney to learn about your legal options.

Enhanced Penalties for Assault And Battery

Assault and battery charges could lead to enhanced penalties depending on the situation. There are different degrees of assault and battery. Additionally, it depends on the severity of the injury and whether a deadly weapon was used or attempted to commit the battery. The penalties are enhanced because of what could have caused the injuries, and the level of the injuries is more significant.

Enhanced penalties depend on whether the injury is an unwanted touching or an unlawful touching versus moderate bodily injury and a grave bodily injury. It depends on whether someone uses their fists versus a baseball bat, knife, or gun. With all of these things, dependent on each level, the penalty could be increased based on whether they are charged with a first degree, third degree, or assault and battery in a high and aggravated nature. It is best to speak to a skilled defense attorney to learn more about the factors that could enhance Columbia assault and battery penalties.

Available Diversion Programs or Alternative Sentencing Options

The number one diversion program or alternative sentencing option available for first-time offenders would be pretrial intervention or PTI. For felony charges, they try to sentence someone under the Youthful Offender Act (YOA). If they plead guilty, it is on their record. If they do not have any trouble for five years and do everything they are supposed to do, they could get their records expunged. They only get both of those once in their life.

What Does The Prosecution Need to Prove?

What the Columbia prosecution must demonstrate to obtain a conviction against a person facing assault charges depends on the degree of the offense. The elements that would be needed to prove assault and battery third degree are much different from those needed to prove assault and battery at a high and aggravated nature. A person could go all the way from an unlawful unwanted touching up to great bodily injury. For example, if someone has been accused of stabbing another, they may not be charged with attempted murder, but instead charged of assault and battery with a high and aggravated nature and have great bodily injury.

A diligent attorney could review the charges and help individuals avoid the harsh Columbia assault and battery penalties.

How an Assault And Battery Attorney Could Help

A person charged with assault in Columbia should contact an assault lawyer immediately. It is in their absolute best interest to consult with a trained and experienced lawyer who has had success in defending these types of assault charges. That person could start building the best defense possible from day one, including identifying the issues in the case and collecting evidence in an investigation.

Schedule a consultation today to discuss your case and the various types of Columbia assault and battery penalties.