Being charged with a crime can quickly disrupt your life, especially if you have no prior experience with the criminal justice system. You might face an arrest, a bond hearing, and a no-contact order before ever seeing the state’s report. Even a misdemeanor charge of simple assault in Charleston can impact your job, housing, and reputation.
Before you give a statement or try to explain yourself, talk with an experienced assault defense attorney from our team who could review what the state must prove and what evidence exists. At Adams & Bischoff, we step in early, evaluate the charge level, and build a defense plan to protect your record and your future.
What Does Simple Assault Mean?
Simple assault is often charged as assault and battery in the third degree. State law covers unlawfully injuring another person, or offering or attempting to injure another person with the present ability to do so.
Prosecutors must prove present ability, or your ability to carry out the act of violence, and show that it was unlawful. Depending on the evidence, this may raise issues such as identity, credibility, and whether the alleged conduct fits the statute as charged.
A simple assault charge in Charleston may be filed at a higher degree if the prosecutor claims the facts match a more serious category. Third degree is identified as a lesser-included offense of the higher assault and battery degrees.
Penalties and Related Charges That May Come With the Case
Assault and battery in the third degree is a misdemeanor with a maximum penalty of a $500 fine, up to 30 days in jail, or both.
A Charleston simple assault charge may also bring bond conditions that restrict contact, travel, or where you can go. Violations can lead to new charges and tougher release terms.
It is also important to determine whether the state treats the allegation as domestic violence instead of assault and battery. If the parties are household members, the domestic violence statute may apply. Domestic violence in the third degree is a misdemeanor punishable by a fine of $1,000 to $2,500, up to 90 days in jail, or both. The statute also states that assault and battery in the third degree is a lesser-included offense of domestic violence in the third degree.
Household member has a specific meaning and includes a spouse, former spouse, people with a child in common, and a male and female who are cohabiting or formerly cohabited. If the state charges domestic violence in the third degree, the charge is eligible for pretrial intervention in appropriate cases.
How Adams & Bischoff Defend Against a Simple Assault Allegation
Our simple assault defense lawyers in Charleston focus on what can be proven, not assumptions. These cases often turn on objective records and whether the state can support each required element.
At Adams & Bischoff, we often start by securing and reviewing objective records such as video, 911 audio, and written reports. We then test the state’s proof on the required elements, including identity, intent, and present ability.
When injuries are alleged, medical documentation may become a significant part of the prosecution’s file. At Adams & Bischoff, we take it one step further in certain situations by retaining the medical professional ourselves via a Letter of Engagement so that attorney-client privilege attaches to all communications.
Contact a Charleston Simple Assault Defense Lawyer at Adams & Bischoff
You do not have to guess what the prosecutor can prove, and you do not have to accept an overcharged filing without a response. If you were charged with simple assault in Charleston, contact Adams & Bischoff to discuss what the state is alleging, the evidence supporting it, and the next steps in your defense.