Charleston Assault Lawyer

Assault crimes are separated into various degrees of severity, some of which are misdemeanors and some of which are serious felonies. Even the most minor assault conviction creates a criminal record that may lead to problems far into the future. With the long-term ramifications in mind, it could be wise to retain legal counsel following an assault charge.

If you are charged with assault or battery, an experienced Charleston assault lawyer could explain the potential consequences and examine your options. A criminal defense attorney may be your best resource for building a strong defense against assault allegations and avoiding significant penalties.

At Adams & Bischoff, we focus on what the State has against you and what it still has to prove. Assault charges are often filed quickly, sometimes before all evidence is collected or reviewed. Early representation can help you respond in a way that protects your interests while your case is still developing. Contact us today to get started.

Degrees of Assault

South Carolina state law describes several assault and battery offenses, but it does not actually define the terms “assault” or “battery.” Generally, battery occurs when someone makes unwelcome contact with the body of another, such as by hitting or kicking them.

An assault was traditionally an act that put someone in fear of imminent contact or harm, but many jurisdictions now use the term to refer simply to actual contact that is offensive or harmful. A knowledgeable Charleston assault attorney could explain how conduct in a certain situation may be defined as assault or battery.

Assault and battery charges are grouped by degree. The degree often depends on the type and severity of the injury, and on what the State claims happened during the incident. Terms like “great bodily injury,” “moderate bodily injury,” and “private parts” are used to sort cases into different levels, which can change the potential penalties. Assault crimes penalized include:

Assault and battery of a high and aggravated nature
Assault and battery in the first degree
Assault and battery in the second degree
Assault and battery in the third degree
Assault of a law officer engaged in serving process

Of these listed offenses, assault and battery in the second and third degree are misdemeanors, while the remainder are felonies.

Charging decisions often turn on injury level, the alleged means used, and whether the accusation includes conduct the statute treats as an aggravating factor. An assault defense lawyer in Charleston could review the facts the prosecutor is relying on and identify where the evidence does not match the degree charged.

What is Considered a Misdemeanor Assault Charge?

Assault and battery in the second and third degrees are the least serious assault crimes. According to South Carolina Code of Laws §16-3-600, a third-degree assault occurs when someone unlawfully injures or attempts to injure another person while having the present ability to inflict injury. Anyone found guilty of this offense may be fined up to $500 and imprisoned for up to 30 days.

The circumstances that constitute second-degree assault and battery are the same as second-degree assault and battery, but they only apply if the assault causes a moderate bodily injury or could have caused a moderate bodily injury. Also, if the assault and battery involve non-consensual touching of another person’s private parts, even though clothing, the act may be treated as second-degree assault.

In South Carolina, moderate bodily injury is a physical injury involving prolonged loss of consciousness, temporary or moderate disfigurement, temporary loss of function of a bodily member or organ, an injury requiring medical treatment that involves regional or general anesthesia, or an injury resulting in a fracture or dislocation. Moderate bodily injury does not include one-time treatment and observation of minor injuries that do not ordinarily require extensive medical care.

Additionally, private parts are the genital area or buttocks of a male or female, or the breasts of a female. A Charleston assault attorney can use these definitions to evaluate whether the evidence supports the degree charged or whether the State is stretching the statute to fit the allegation.

Second-Degree Penalties

The maximum penalties for second-degree assault include imprisonment for up to three years and a fine of up to $2,500. A skilled lawyer in Charleston could build an assault defense to demonstrate that the circumstances do not justify aggravating an offense from a third-degree level to second-degree level.

Although second-degree assault and battery are classified as misdemeanors, the potential sentencing is still significant, and a conviction can impact someone for years. A Charleston assault attorney could examine injury claims, medical records, and witness testimonies to assess whether the State can prove the presence of moderate bodily injury or that such injury might have occurred.

What is Considered Felony Assault?

Assault and battery in the first degree, as well as high and aggravated assault and assault on an officer serving process, are all treated as felony offenses. Felony assault may carry a penalty of up to 10 to 20 years in prison.

An assault and battery are considered “high and aggravated” if the act causes great bodily injury or was likely to cause death or great bodily harm. High and aggravated assault is a lesser-included offense of attempted murder.

First-degree assault and battery occurs when one person unlawfully injures another in a situation that either involved nonconsensual sexual touching or commission of a crime such as a robbery. An individual may also commit first-degree assault and battery by attempting to injure another—with the ability to do so—by means likely to result in death.

A felony assault defense attorney in Charleston could work to assess whether the evidence substantiates the claimed injury level and if the State can establish the necessary elements for the specific charge. South Carolina also offers an extra sentencing rule for specific offenses involving a carried or concealed deadly weapon. When weapon allegations are present, it emphasizes the importance of involving legal counsel early to carefully evaluate the evidence.

Evidence That Often Drives Assault Cases

Assault cases often depend on the quality of the evidence, not the label placed on the accusation. A Charleston assault defense lawyer may focus on evidence such as:

911 calls and dispatch records
Body-worn camera video and interview recordings
Surveillance video from nearby businesses or residences
Photographs of the scene and alleged injuries
Medical records tied to the claimed injury level
Witness statements and relevant written communications

Reviewing this material early could expose inconsistencies, missing context, or problems with how evidence was collected or preserved. We use such a review to plan defenses that are grounded in what the evidence actually shows.

Consult a Dedicated Charleston Assault Attorney

A conviction for assault, even at a misdemeanor level, could interfere with employment opportunities and damage your reputation for years to come. Assault is frequently charged in domestic violence situations, which often involve complicating factors such as protective orders. A skilled attorney could help you navigate the legal intricacies surrounding an assault allegation.