Columbia Assault And Battery Case Process

When a person is charged with assault and battery or any crime, it can be intimidating. A person’s freedom, reputation, and livelihood are at stake. The consequences of an assault and battery offense in South Carolina can be severe. Individuals should immediately contact an attorney and learn about building a defense.

If you have been charged with a criminal offense, a knowledgeable assault attorney could help fight against the charges. Speak to a skilled defense attorney to learn about the Columbia assault case process and how to defend against the allegations.

The Prosecution’s Case

In Colombia assault and battery cases, the prosecutors are trying to prove the elements of the crime of assault and battery. Under 16-3-600, the prosecutors have to prove the existence of a great bodily injury if the alleged offense was battery of a high and aggravated nature. The prosecution would have to prove that the individual was guilty beyond a reasonable doubt.

Before arresting a person for assault and battery, law enforcement will investigate the alleged offense for any length of time, depending on the number of witnesses, the locations, the facts provided to the police, and the investigators. There is no set time period for an investigation. It is best to speak to an experienced attorney to understand the nuances of the Columbia assault case process.

Process Of An Assault Case

The process of an assault case in Columbia starts with the investigation, the alleged offender is notified of the allegation, and that they are being investigated for a crime. When a law enforcement officer receives a complaint of assault and battery, they will take a statement, gather as much evidence as possible from the complaining witness, and then conduct an investigation to determine whether there is probable cause for arrest.

Depending on the facts of the case, they will decide if the offense is first-degree, second-degree, third-degree assault and battery, or assault and battery of a high and aggravated nature.

Probable Cause

The next step in the Columbia assault case process is determining the existence of probable cause. If so, the officer would draft up an arrest warrant and present it to a magistrate judge for review and signature. The magistrate judge would sign it (issue the warrant), and the person would then have an arrest warrant (police would serve the warrant).  They could be arrested, and within 24 hours of their arrest, they would go before a magistrate judge for their bond hearing.

Court Appearance

Once an individual bonds out, then they have to make several court appearances, depending on which type of court they are in. If they are in magistrate court, they would have a bench trial set up initially, or they can request a jury trial. If they are in General Sessions Court, they should request a preliminary hearing and make sure they attend the scheduled appearances Those who have been charged with assault and battery should hire an experienced attorney who has experience with the prosecution and can begin building a strategic defense for them on their behalf.

How An Assault Attorney Could Help

The main benefit of having an attorney when facing assault charges is the experience. The average person is not legally trained, and they do not have experience defending these types of cases.  When they do not have the legal experience and training, they are not going to know which defenses to identify or which constitutional issues could be a violation. Individuals are not going to know the tactics used by police and prosecutors to try to obtain a conviction. However, a lawyer who has experience and success with assault cases is in the best position possible to build a strategic plan to try to defend an individual’s freedom.

If you have been charged with assault, seek help from a diligent assault attorney. They could explain the Columbia assault case process and how to fight against the charges. Call today to schedule a consultation.