Mount Pleasant Assault and Battery Lawyer

A physical situation that got out of hand or fabricated allegations from another party could lead to assault charges against you. A Mount Pleasant assault and battery lawyer could step in to evaluate the individual circumstances of your situation and provide you with potential guidance about the next steps to defend protect your rights and reputation.

Understanding the specifics of your assault charges and whether you have a previous criminal record is important for defining how to move forward and how to respond appropriately to these criminal charges. Far too many people underestimate the potential impact of assault charges on their future, which could expose you to severe consequences of a criminal conviction. Seek help from a diligent defense attorney to discuss your options.

Assault and Battery Charge Basics

Assault is usually explained as the threat of physical harm and battery as the physical action of injuring another. In South Carolina, however, these crimes are classified into four different categories depending on the situation.

Since the case could be elevated to a more serious degree based on minor details, a Mount Pleasant criminal defense lawyer could help to gather evidence support a lesser charge if that applies to the case.

Different Degrees of Assault Charges

There are four classifications of assault charges: first, second, and third-degree charges and assault and battery of a high and aggravated nature. All of these and the corresponding possible penalties are explained under the South Carolina Code of Laws Unannotated Section 16-3-600.

First-degree assault and battery charges could apply when the victims claim that their genitals were touched in a nonconsensual and lewd nature or if the person suffered an injury due to the assault. These charges could also apply if the assault happened during the commission of another crime such as a robbery, kidnapping, or theft. First-degree assault charges are felonies that carry a potential maximum sentence of up to ten years in prison upon conviction, in addition to fines.

Second-degree assault and battery allegations are associated with situations that lead to moderate bodily injury or a circumstance that could have led to that type of injury. This includes non-consensual touching of the victim’s genitals and cases in which the victim had to seek medical attention.

Third-degree assault and battery, also known as simple assault, occurs when a person was hit or injured in some other way but did not suffer moderate or great bodily injury.  This offense carries up to 30 days in prison if convicted of this charge.

The most serious of all these charges is known as assault and battery of a high and aggravated nature. It involves claims of physical contact that led to great bodily injury. This also includes cases in which the physical harm was likely to cause permanent disfigurement, loss of a limb, or other severe bodily injury.

Typical Approaches of a Mount Pleasant Assault And Battery Attorney

The first role that your Mount Pleasant assault and battery lawyer could play is to investigate the incident in question itself to decide whether the wrong degree of charge was assessed.

Speaking to eyewitnesses and gathering other evidence could help to reveal that assault and battery charges were inaccurately applied. Your Mount Pleasant criminal defense attorney could also determine whether there are other opportunities to plead down a more serious assault charge into one with less consequences.