Sumter County Assault Lawyer

If you are facing criminal prosecution for assault and battery, a Sumter County assault lawyer could help. Assault and battery charges can be filed as felonies or misdemeanors and carry a sentence of 30 days up to 20 years, depending on the facts of the case. Regardless of the charges against you, it is important to take every possible precaution to protect your rights. Call today to learn more about how an experienced criminal defense attorney could be beneficial to you.

Local Laws Governing Assault and Battery

Assault crimes and the related charge of battery cover a variety of factual circumstances. Assault is defined under South Carolina Code §16-3-600 as the act of threatening physical harm or unwanted touching of another person. Battery is the actual offensive, unwanted touching of another person. The two technical terms have merged in common usage into the crime of assault.

Assault and battery are charged in four separate degrees, depending on the type and level of injury to the alleged injured party. Whatever level of charges an individual is facing, it is important that they reach out to an experienced Sumter County assault lawyer.

Assault and Battery of a High and Aggravated Nature

This offense is charged as a felony. If the alleged injured person had a serious bodily injury, the loss of a limb, or an injury that comes close to causing death, it will be charged as an assault and battery in a high and aggravated nature. This offense also includes sexual assaults resulting in serious injury, although additional charges of sexual offenses would be likely in that situation. Whether the case charged as a felony or misdemeanor is in the discretion of the prosecutor and will depend on the facts of the case.

First-Degree Assault and Battery

First-degree assault and battery are charged as a felony. If it is alleged that the assault and battery caused a great bodily injury, such as a serious injury or an injury that could cause death, then it is assault and battery in the first degree.

Second-Degree Assault and Battery

Second-degree assault and battery are charged as a misdemeanor. This is generally an assault that caused an injury or caused fear or apprehension in the alleged injured individual of imminent harm. Touching of a sexual nature, without consent, can also be charged as a second-degree assault.

Third-Degree Assault and Battery

Third-degree assault and battery are charged as a misdemeanor, usually does not involve injury, and may not even require actual contact with the other party. An assault and battery creating the fear of an attack or unwanted touching, or actually touching the other person but not causing an injury, will usually be charged as a third-degree assault.

Sentencing Guidelines

The potential punishment for assault and battery charges includes jail time, fines, and in domestic violence cases, protective orders restricting the defendant’s activities. The maximum penalty for assault and battery in a high and aggravated nature can be jail time of up to 20 years. Assault and battery in the first degree can result in up to 10 years of jail time. Assault and battery in the second degree punishable by up to three years in jail and a fine of up to $2,500. Finally, the maximum penalty for assault and battery in the third degree can be jail time of up to 30 days in jail and a fine of up to $500. If an individual is facing these penalties, they may want to call a skilled criminal defense attorney.

How a Skilled Sumter County Assault Attorney Could Help

The best advice available for anyone facing an assault and battery charges is to consult with a lawyer who has the skill and experience to defend the charges against you. A Sumter County assault lawyer that has skill and experience and could aggressively and passionately advocate for your rights. Call today to schedule a consultation.