When you face an accusation of assault with a deadly weapon in Charleston, the situation can escalate quickly. An arrest, bond requirements, and a no-contact order may disrupt your work and family life even before you see the evidence the prosecution presents.
You do not have to respond alone. One of our seasoned assault defense attorneys could step in early, speak on your behalf, and protect you from irreversible mistakes. We also focus on the charging theory itself, since an assault with a deadly weapon charge can be filed in different degrees depending on the reported injuries and the way force was used.
How Are Assault With a Deadly Weapon Cases Usually Charged?
Prosecutors often handle charges involving assault with a deadly weapon in Charleston through assault and battery degrees, which are based on injury level and whether your conduct was likely to cause death or great bodily injury. The prosecution may aim for a higher degree if it can claim your conduct created a serious risk of permanent harm, even if the injury healed.
The term deadly weapon is not limited to one specific item. Courts generally look at what the defendant used and how. That means our attorneys often build defenses around the mechanics of what happened, the distance between the people involved, and the injury documentation, not just the label used in the arrest report.
Penalties and Sentencing Add-Ons
In Charleston, deadly weapon assault allegations can expose you to years in prison, and the range depends on the degree charged. The most serious assault and battery charges applied in these cases can carry up to 20 years. A first-degree assault and battery charge can carry up to 10 years. A second-degree charge can carry a sentence of up to three years and a fine of up to $2,500.
Prosecutors may also add a separate weapon count if you allegedly possessed or visibly displayed a knife or firearm during a violent offense. That add-on can carry a mandatory five-year prison sentence, imposed on top of the punishment for the underlying offense, with limits on early release. The way the court applies this extra time can depend on how the charges are written and on the evidence.
If the case goes to federal court, the penalty structure can change again. That is another reason why an initial review should focus on where the charge is filed and what the government must prove.
What We Focus on When Building Your Defense
In a deadly weapon assault case, our Charleston lawyers focus on evidence preservation, witness reliability, and injury proof from the start. Video often answers questions that witness statements leave open. We look for body-worn camera footage, 911 recordings, surveillance video, and any digital evidence that shows timing, distance, and who initiated force.
Self-defense can be part of the analysis when the facts support it. These protections may apply if you used force to stop an imminent threat, and there are added protections in certain forced-entry situations. The details matter, including what each person did first, what people said, and whether there was a safe way to end the encounter without escalation.
Injury evidence can also be crucial. At Adams & Bischoff, we take it one step further in certain situations by retaining a medical professional ourselves through a Letter of Engagement, so that the attorney-client privilege attaches to all communications.
For your first meeting, it helps to bring your bond paperwork and any conditions of release, as well as any communications tied to the incident, including texts or other messages.
Call a Charleston Attorney About Assault With a Deadly Weapon Charges
Being accused of assault—whether it is a minor misunderstanding or a serious confrontation—can threaten your future, freedom, and reputation. Do not assume the charges will go away.
If you are under investigation or have been arrested for assault with a deadly weapon in Charleston, contact Adams & Bischoff to discuss the charge, what the government must prove, and the steps we could take to protect your future.