Assault and battery charges can change your life, and too many people do not get the representation they need. Confrontations are often hard to follow, and an arresting officer may not understand what really happened.
After an arrest, consult an Anderson County assault lawyer at Chris Jones Law. Allegations of a violent crime are serious, and a knowledgeable criminal defense attorney could help you protect your rights and fight for your freedom. Contact Chris Jones Law today to schedule your initial consultation.
What Constitutes Assault and Battery?
The terms assault and battery appear together but have separate meanings. Assault is the imminent threat of physical harm, and battery is intentional physical contact without consent. In this state, assault and battery charges depend partly on whether the victim could have suffered great bodily injury or moderate bodily injury. Great bodily injury is defined as injury risking death or causing permanent loss of function, while moderate bodily injury causes temporary loss of function.
Different degrees categorize the level of assault and battery:
- Assault and battery in the third degree (or simple assault) occurs when injuring someone or threatening to injure them, with the present ability to do so
- Assault and battery in the second degree occurs when the assault and battery caused or could have caused moderate bodily injury, or when it also involved touching the person’s private parts
- Assault and battery in the first degree occurs when injuring someone while nonconsensually, lewdly, and lasciviously touching their private parts, while committing robbery, burglary, kidnapping, or theft, or attempting or threatening to injure them during those crimes or by means likely to produce death or great bodily injury
- Assault and battery of a high and aggravated nature (ABVAN) occurs when causing great bodily injury to the victim or else injuring them by means likely to produce death or great bodily injury
A seasoned assault attorney could further explain South Carolina Code of Laws Annotated § 16-3-600 and how it applies to your case during an initial consultation.
What Are the Penalties for Assault and Battery?
The two lesser charges are both misdemeanors; a third-degree charge carries a maximum fine of $500 or a maximum jail sentence of 30 days, while a second-degree charge raises the maximum fine to $2,500 and the maximum sentence to three years.
A first-degree offense is considered a felony, as is a charge for ABVAN. Under such charges, a defendant could face 10 to 20 years in jail, and using a concealed deadly weapon enhances the penalties, according to S.C. Code Ann. § 16-3-610.
A defendant on a lesser charge may qualify for pretrial intervention (PTV). Once a defendant on PTV completes the county solicitor’s requirements and pays restitution, the court could clear their record. Working with an assault attorney in Anderson County could help you understand the possible outcomes of your case.
Could an Attorney Get Assault Charges Dismissed?
Our experienced lawyer understands that assault and battery charges in Anderson County may not reflect reality. After reviewing the evidence, Attorney Christoper L. Jones may work to challenge the state’s narrative as far as possible, questioning:
- Whether your arrest was lawful
- Whether any assault or battery in fact took place
- Whether you are the person who committed the act
- Whether the alleged victim forced you to act in self-defense
When the state’s evidence is weak, these questions could reduce a felony charge to a misdemeanor. In some situations, the solicitor may even decide to drop the charges.
Contact an Assault Attorney for Legal Guidance in Anderson County
When searching for an Anderson County assault lawyer, you need someone who knows what a tough situation looks like. As a former prosecutor and municipal judge, I know people make mistakes and how they make them. The police also make mistakes, and a tenacious lawyer could find this out.
Get in touch with Chris Jones Law today to schedule your consultation. I look forward to helping you protect your rights.
