Experienced and Skilled Fort Mill & Greenville, South Carolina Assault & Battery Attorney’s Law Firm
At the David W. Martin Law Group, our assault and battery lawyers in Fort Mill & Greenville understand that these charges may seem confusing when our clients are unsure of the legal severity of their accused act.
Most people are surprised to learn an assault can mean more than inflicting physical harm. Some degrees of assault results from a credible threat that is considered assault when the alleged victim was reasonably in fear.
If you have been accused, arrested for, or charged with assault and battery, our Fort Mill & Greenville, South Carolina criminal defense attorneys will explain your rights while outlining the laws that apply to your alleged degree of crime to design the appropriate legal defense for your unique circumstances.
What is Assault and Battery in Fort Mill & Greenville, South Carolina? What are the Penalties?
In the State of South Carolina, assault generally means causing someone to fear that another will cause them physical harm. The battery is when the victim suffers actual, physical harm.
This means an assault can technically exist without a battery.
What Are the Different Legal Levels of Assault & Battery in Fort Mill & Greenville, South Carolina?
South Carolina assault and battery can be charged in one of four degrees — or criminal charge severity levels.
Assault & Battery: Third Degree
The act of unlawfully offering or attempting to injure, or actually injuring another person.
Conviction penalties for third-degree assault and battery in South Carolina may include:
- Fine: Up to $500
- Jail Time: Up to 30 days
Assault & Battery: Second Degree
The act of unlawfully offering or attempting to injure, or actually injuring another person while causing — or could have caused moderate bodily injury.
Second-degree assault and battery may also result from non-consensual touching of the private parts of a person, either under or above clothing.
Conviction penalties for second-degree assault and battery in South Carolina may include:
- Fine: Up to $2,500
- Jail Time: Up to three years
Assault & Battery: First Degree
The act of unlawfully injuring another person.
First-degree assault and battery may also result from:
- Nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent
- An offeror attempt to injure another person with the present ability to do so during the commission of a theft, burglary, robbery, or kidnapping
- An accomplished act to produce death or great bodily injury, which may also include harm occurring during the commission of a theft, burglary, robbery, or kidnapping
Conviction penalties for first-degree assault and battery in South Carolina may include:
- Fine: N/A
- Jail Time: Up to ten years
Assault & Battery of a High and Aggravated Nature (ABHAN)
Assault and battery of a high and aggravated nature, or ABHAN, in South Carolina, is the act of unlawfully injuring another person when:
- The victim suffers great bodily injury
- The accomplished act would likely result in great bodily injury or death
Great bodily injury describes an act that causes serious, permanent disfigurement, or protracted loss or impairment of a bodily function, or a substantial risk of death.
Conviction penalties for ABHAN in South Carolina may include:
- Fine: N/A
- Jail Time: Up to 20 years
If you have been charged with any degree of assault and battery, contact our Fort Mill & Greenville criminal defense attorneys today to learn how the solicitor plans to proceed with your case, so we can build a strong defense and pursue the best outcome available for your unique circumstances.
Are Assault and Battery Misdemeanor or Felony Charges in South Carolina?
In South Carolina, assault and battery charges are dictated by the degree of assault and how severely injured the alleged victim became after the act.
All Fort Mill & Greenville assault and battery cases are unique, but typically second and third-degree assault and battery are categorized into misdemeanor charges, while first-degree assault and battery or ABHAN are felony charges.
What if the Assault and Battery Were Committed by a Family Member in Fort Mill & Greenville, SC?
A Fort Mill & Greenville assault and battery become a Domestic Violence charge when the act is committed against a household or family member in South Carolina.
For domestic violence charges to apply, both the victim and the accused must be household members, which include two people who:
- Married, or previously married
- Have a child together
- Live together, or previously lived together
If the accused and the victim are not household members, the charges of assault and battery will apply. If your charges are applied as domestic violence, the consequences are far-reaching and require an experienced criminal defense lawyer in Fort Mill & Greenville to tell your side of the story.
What Factors Determine How My Charges Are Weighed by the South Carolina Solicitor’s Office?
Assault and battery charges are outlined by the severity of the injury that was caused by the accused, and several additional factors that will contribute to how your South Carolina assault and battery charges may be applied by the solicitor’s office, including:
- Prior criminal record
- The victim’s willingness to cooperate
Contact our assault and battery attorneys in Fort Mill & Greenville to ensure your rights are protected throughout your case and learn how we can design an applicable defense to pursue the best outcome for your charges.
How Can the David W. Martin Law Group Help Defend My Case in Fort Mill & Greenville?
Since there is no mandatory minimum jail sentence for assault and battery, our criminal defense lawyers in Fort Mill & Greenville focus on pursuing a lesser charge, when we cannot have the charges dropped completely, so our clients face the least amount of penalties.
Our Fort Mill & Greenville assault and battery lawyers will evaluate all potential evidence in your case to produce the best defense available for your charges.
That may include reviewing relevant material like:
- Oral or written witness statements
- Police reports
- 911 call recordings
- Video or audio footage of the alleged incident
Our potential defense approaches may include, but are not limited to presenting:
- Our client acting in self-defense
- Proof the alleged victim is lying
- Other evidence that the accused is innocent
- The alleged victim’s ulterior motive for reporting he or she was assaulted
Our client must understand that even if the alleged victim wishes to dismiss the case, it does not guarantee the charges will be dismissed by the solicitor’s office.
With an experienced Fort Mill & Greenville assault and battery attorney by your side, we can help build a strong case that requires the solicitor’s office to review their chances of conviction, so our client may potentially face a lesser charge or no charge at all.
Our Fort Mill & Greenville Criminal Defense Attorneys Fight For Clients Who Have Been Charged With:
- Assault and Battery
- Domestic Violence
- Traffic Violations
- Possession of a Stolen Vehicle
- Drug Crimes
- Gun Crimes
- Sex Crimes
- Criminal Sexual Conduct with a Minor
- Murder or Attempted Murder
Contact the David W. Martin Law Group Criminal Defense Attorneys in Fort Mill & Greenville for a Free Consultation Today
If you have been charged with assault and battery, contact our experienced criminal defense attorneys in Fort Mill & Greenville, South Carolina today to learn how these changes will affect your livelihood by calling (803) 548-2468 to schedule a free consultation today. Do not face the solicitor’s office on your own, as they will pursue the most severe charge possible if you do not know your rights. Our Fort Mill & Greenville assault and battery lawyers will walk you through the charges, explain your rights, and ensure you that we will pursue the best defense possible for your unique circumstances. Call us now to learn more.