Being charged with aggravated assault means you are facing one of the most serious violent crime offenses under South Carolina law. These charges involve allegations that you attempted to cause or did cause great bodily injury to another person. To defend yourself, you need the support of an experienced Charleston aggravated assault lawyer.
At Adams & Bischoff, we understand that such charges carry severe penalties, including lengthy prison sentences, substantial fines, and permanent criminal records. A seasoned assault attorney from our team could help fight these charges and protect your future. Contact us today to learn more.
Understanding Aggravated Assault Law
In South Carolina, assault offenses are classified by severity, with aggravated assault representing the most serious category. The specific elements of aggravated assault and the penalties you face depend on the circumstances of the alleged offense.
Legal Elements of Aggravated Assault
Aggravated assault convictions require proof of an unlawful violent act against another, with the ability to carry out the threat, under aggravating circumstances, such as using a deadly weapon. According to the FBI, firearms are involved in around 26 percent of cases.
Prosecutors must show intent to harm or reckless disregard. A Charleston attorney from Adams & Bischoff could contest the prosecution’s aggravated assault case against you.
Assault and Battery of a High and Aggravated Nature
Under the state’s law, assault and battery of a high and aggravated nature is considered the most serious form of assault. It is a felony and carries a sentence of up to 20 years in prison. This charge applies when an assault causes serious injury, involves non-consensual touching of one’s private parts, or demonstrates increased moral culpability.
In these cases, the prosecution must prove great bodily injury, meaning injury with a substantial risk of death, serious permanent disfigurement, protracted loss or impairment of a bodily member or organ, or other serious bodily harm.
What Circumstances Create Aggravated Charges?
Several factors can elevate a simple assault charge to aggravated assault. Understanding the aggravating circumstances could help our Charleston attorneys identify the specific assault charges you face and potential defense strategies.
Use of a Deadly Weapon
Assault with a deadly weapon is typically charged as an aggravated offense. A deadly weapon can be an obvious weapon, such as firearms or knives, or any object used in a way that can cause death or serious injury, including vehicles, blunt objects, or even body parts. The prosecution does not need to prove serious injury if a deadly weapon was used. The legal professionals at Adams & Bischoff could challenge whether the object involved in your case was actually a deadly weapon or if the weapon was used in the alleged assault.
Victim Identity
Aggravated assault charges can arise from the victim’s identity, not just the assault itself. Assaults against law enforcement, EMTs, or teachers, for instance, can lead to enhanced penalties and even felony charges for minor incidents.
Defense Strategies for Aggravated Assault
Every aggravated assault case involves unique facts and circumstances that determine the best defense approach. Our Charleston defense attorneys could investigate the circumstances of your alleged aggravated assault offense and carefully review all the prosecution’s evidence to determine the best defense strategy for your case.
Self-Defense and Defense of Others
South Carolina law recognizes your right to use reasonable force to protect yourself from threatening behavior. You have the right to defend yourself or someone else from physical attack.
Challenging Eyewitness Testimony
Many aggravated assault prosecutions depend heavily on testimony from the alleged victim and other witnesses. However, eyewitness testimony is often unreliable, inconsistent, or motivated by bias.
Questioning the Extent of Injuries
For charges requiring proof of serious bodily injury, an assault lawyer from our firm could challenge whether the alleged victim’s injuries actually meet the legal definition. We do not accept exaggerated injuries in criminal assault matters.
Reach Out to Our Charleston Lawyers for Help Defending an Aggravated Assault Charge
When you need a Charleston aggravated assault lawyer who will fight tirelessly to protect your rights and freedom, Adams & Bischoff provides the experienced, aggressive representation necessary to achieve the best possible outcome in your case. Contact us today to consult with an experienced defense lawyer from our team.