Myrtle Beach Assault Lawyer
Causing or threatening to cause bodily harm or any unwanted physical contact while placing someone in fear of imminent harm is considered criminal assault. The statutes separate this unlawful action into a range of severity depending on the case’s specifics.
Assault can fall under two categories: misdemeanors or felonies. A felony is more severe than a misdemeanor, as a conviction will stay on your record permanently and can have lasting negative consequences. A Myrtle Beach assault lawyer could help you understand the charges and develop strategies to minimize the penalties. Reach out to our criminal defense attorneys to learn more.
Assault and Battery
A person can face charges for assault, battery, or even both at the same time. These charges are often seen together as they are similar in a few ways. Assault occurs when an individual takes action intending to cause physical harm to another party, while Battery occurs when a person makes contact and causes harm. The statutes break assault charges into different categories, and the lowest level charges are for simple assault.
Third Degree Criminal Assault and Battery
Assault and battery charges can range substantially in severity. Per the South Carolina Code § 16-3-600, anyone who physically harms someone without legal cause or attempts to hurt them with the ability to do so is guilty of third-degree assault and battery.
A conviction results in a jail sentence of up to 30 days, fines of up to $500, and a misdemeanor conviction on their permanent record. An assault attorney in Myrtle Beach could answer specific questions about the possible sentencing and defense strategies after reviewing the arrest details.
Second Degree Assault and Battery
Second-degree charges are similar to third-degree charges, except the other party sustains moderate bodily injuries in the attack or sexually touching someone else without consent. A conviction of second-degree assault and battery could mean spending up to three years in prison.
First Degree Assault and Battery
An attack or act of violence against someone else causing severe injury or death is considered first-degree assault and battery. It may occur while committing another offense, such as robbery, burglary, or kidnapping. Sentencing includes up to ten years of imprisonment and a felony conviction on their permanent record.
Assault and Battery Charges With Aggravating Factors
Assault and battery with aggravating factors are more severe and result from causing significant bodily harm in an attack or using weapons or something with the ability to cause great bodily harm. It is a felony offense and could mean spending up to 20 years in prison.
Possible Assault Defense Strategies
The proper defense strategy is tailored to fit the unique details of the case. However, some common examples include:
- Self-defense or the defense of others
- Defense of personal property
- The state’s evidence does not prove guilt
- The action occurred because of duress resulting from threats to their safety
An assault lawyer in Myrtle Beach could investigate to find problems with the state’s case and help prepare a sound defense.
Schedule a Consultation With a Skilled Assault Attorney in Myrtle Beach Today
An arrest and the looming possibility of a criminal conviction is a frightening time for anyone. The most effective strategy to defend yourself is understanding the charges you face and building a solid case.
If you are facing charges or under investigation, contact a hard-working Myrtle Beach assault lawyer at Price Benowitz LLP to schedule a free case evaluation. Sometimes, it seems tempting to avoid thinking about the situation, but the more time you have to gather the crucial evidence and prepare, the better your chance of reaching the best potential outcome.