Columbia Assault and Battery Lawyer

In a situation in which a minor disagreement escalates into a physical fight, a seemingly small argument can result in unexpected criminal charges for assault and battery.  South Carolina law broadly defines assault as unlawfully touching another person, and it can qualify as either a misdemeanor or felony, depending on the facts of the specific situation.

Assault and battery conviction penalties can be steep and result in life-altering consequences, including hefty fines and jail time.  If you face criminal charges relating to assault, navigating the criminal justice system can be challenging and stressful without guidance from a qualified defense attorney.  A Columbia assault and battery lawyer could serve as an essential resource and help you protect your rights as your case progresses.

What Actions are Considered Assault and Battery?

South Carolina Code §16-3-600 separates different types of assault into several categories: attempted murder, assault and battery of a high and aggravated nature, first-degree assault and battery, second-degree assault and battery, and third-degree assault and battery.  An experienced criminal attorney in Columbia could evaluate the circumstances surrounding the alleged assault and determine how to best proceed.

Attempted Murder

Under S.C. Code §16-3-29, an individual may be charged with attempted murder if they, with the requisite intent, attempt to kill another individual with express or implied malice.  Attempted murder is a felony and punishable by up to 30 years’ imprisonment, without sentence suspension or probation.

Assault and Battery of a High and Aggravated Nature

Assault of a high and aggravated nature occurs when a person unlawfully injures another individual and great bodily injury occurred or was likely to occur.  This charge is one step lower than attempted murder.  Assault and Battery of a High and Aggravated Nature is a felony and punishable by up to 20 years in prison.

First-Degree Assault and Battery

The requirements for assault and battery in the first degree are satisfied when someone unlawfully injures another person or attempts to do so.  First-degree assault is a felony, with a penalty of up to 10 years’ imprisonment.

If the charge is in connection with an actual injury, it also must involve either (1) nonconsensual touching of another person’s private parts — defined as a male’s or female’s genital area or buttocks or a female’s breasts — either above or underneath their clothing, with lewd and lascivious intent, (2) a concurrent commission of a theft, burglary, kidnapping, or robbery.

If the charge is in connection with an attempted injury, it also must have been either (1) performed in a way likely to result in death, permanent disfigurement, or major impairment to body part or organ, or (2) occur while a burglary, theft, robbery, or kidnapping was being committed.

Second-Degree Assault and Battery

An individual commits assault and battery in the second degree when they unlawfully injure or attempt to injure someone else and the act either results in or could have resulted in an injury that requires extensive medical care, such as a fracture or prolonged loss of consciousness, or involved nonconsensual touching of another person’s private parts.

Second-degree assault is a misdemeanor.  It can be punishable by up to $2,500 in fines and three (3) years in prison.

Third-Degree Assault and Battery

Assault and battery in the third degree occur when the accused either unlawfully injures or attempts to injure another person.  Third-degree assault is a misdemeanor and punishable by up to $500 in fines and 30 days’ imprisonment.

Defenses Against Assault and Battery Charges

While assault charges may seem extremely difficult to combat, there are several legal defenses that a local lawyer may help the accused pursue in their case.  Examples of defenses that may help to achieve an acquittal or a reduction in charge or sentence may include:

• Wrong person / Misidentification
• Self-defense
• Duress
• Defense of other people
• Defense of property

A dedicated lawyer could help gather evidence to back up a defendant’s defense against these allegations.

Contact a Columbia Assault and Battery Attorney Right Away

If you are facing assault charges, your freedom may be on the line.  A Columbia assault lawyer could evaluate your case and strategize on a robust defense to protect your future.  Even in the aftermath of an assault conviction, an experienced lawyer could succinctly and strongly present potential defenses and mitigating factors.  Call our office today to discover what our team could do for you.