Irmo Assault Lawyer

When someone in Irmo is charged with assault and battery, the classification is important.  Assault and battery is an offense with several different degrees of severity.  However, all assault offenses could result in incarceration and a substantial fine.

An Irmo assault lawyer could help you move toward a positive outcome if you have been charged with assault and battery. When you work with a seasoned criminal defense lawyer who understands how assault crimes are prosecuted in Irmo, your attorney provides advice and represents your interests at all stages of the proceedings.

Assault and Battery in the Third Degree

State statutes define four degrees of assault and battery in S.C. Code §16-3-600. Assault often refers to an act that puts someone in fear of suffering imminent physical harm. Battery traditionally describes an act of physical contact, such as hitting or pushing another person.

An Irmo assault lawyer can explain how these two concepts are combined in the statutory offenses, so that in many cases, an individual may be found guilty of assault for attempting to hurt another person even if the attempt fails and there is no contact between the parties.

Third-degree assault and battery occurs whenever someone “unlawfully injures another person or offers or attempts to injure another person with the present ability to do so.” The offense is a misdemeanor punishable by a fine of up to $500 and imprisonment for up to 30 days.

Assault and Battery in the Second Degree

Although labeled as a misdemeanor, assault lawyers in Irmo know that second-degree assault is penalized much more severely than many misdemeanors. Those convicted may be incarcerated for up to three years and required to pay a fine as high as $2,500.

An individual commits assault and battery in the second degree in one of several ways including:

  • Unlawfully causing moderate bodily injury to another
  • Unlawfully injuring another by means that could have caused moderate bodily injury
  • Attempting to injure another person by means that could have caused moderate bodily injury
  • Unlawfully injuring another by an act involving nonconsensual touching of private body parts
  • Attempting to injure another by an act involving nonconsensual touching of private body parts

Assault and Battery in the First Degree

As with second and third-degree assault and battery, first-degree assault and battery could involve an injury or may only involve an attempt to injure another. When someone injures another and the act either involves nonconsensual touching of private body parts or the act occurred during commission of a theft, robbery, kidnapping or burglary, then the offense is treated as assault and battery in the first degree.

Additionally, if a person offers or attempts to injure someone either by an act likely to produce great bodily injury or during the commission of one of the offenses listed above, that also constitutes first-degree assault and battery. This offense is a felony punishable by up to ten years in prison, although an Irmo assault lawyer could argue that one of the lesser included offenses is more appropriate to the situation.

Assault and Battery of a High and Aggravated Nature

For an assault and battery to be considered of “high and aggravated nature” the person committing the assault must unlawfully cause an injury. An attempt is not sufficient to constitute a violation.

The unlawful injury must either result in “great bodily injury” or be accomplished in a manner likely to lead to great bodily injury or death. A knowledgeable lawyer in Irmo could argue that the means used to inflict injury were not sufficient to meet the standard for this serious offense. Those convicted of assault and battery of a high and aggravated nature may be sentenced to up to 20 years of imprisonment and a felony conviction.

Work with an Irmo Assault Attorney

A conviction for assault and battery establishes a criminal record that could haunt you for years to come. However, an experienced Irmo assault lawyer could help you fight the charges and minimize the negative impact.

Your attorney could advocate on your behalf and provide advice right away to help you avoid mistakes that could jeopardize your case. For a free consultation to learn how an assault lawyer could protect your rights, call now.