Causing, attempting, or threatening harm to another individual could result in assault and battery charges under state law. Due to the potentially severe consequences of these allegations, it could be beneficial to consult a Goose Creek assault lawyer who could examine your case with a critical eye.
There are three degrees of assault and battery charges an accused individual could face, which would be determined based on factors such as the severity of the injuries, the presence of a deadly weapon, and whether the actions involved non-consensual touching of a sexual nature. A dedicated criminal attorney could be instrumental in defending your rights if you face any level of an assault charge.
Third-Degree Assault and Battery Charges in Goose Creek
South Carolina Code § 16-3-600(E) outlines the law for third-degree assault and battery, which is the least serious degree of an assault charge that an individual could face in the state of South Carolina. Third-degree assault and battery charges are applicable when a person unlawfully injures another or attempts to injure them with obvious intent to cause them harm. Often referred to as simple assault, third-degree charges do not involve significant injuries or the use of a deadly weapon.
Is a Third-Degree Assault and Battery a Misdemeanor or Felony Offense?
Third-degree assault and battery are classified as a misdemeanor offense under state law. The maximum penalty is a $500 fine, 30 days in jail, or both. Nonetheless, a third-degree assault conviction will appear on a criminal record as a crime of violence, which could be detrimental to employment and other opportunities in the future. A Goose Creek assault attorney could help fight accusations that threaten someone’s reputation.
Second-Degree Assault Charges
Under S.C. Code § 16-3-600(D)(1), individuals could face second-degree assault and battery charges if they unlawfully injure others or try to hurt them with the present capability to do so, and one of the following outcomes results:
- Moderate bodily injury to another person
- Risk of moderate bodily harm to another person
- Non-consensual touching of the private parts of others, whether under or above their clothing
Second-degree assault and battery is also a misdemeanor offense but carries the potential for a harsher punishment compared to a third-degree charge. If convicted, individuals could face up to three years of incarceration, a $2,500 fine, or both. As the penalties for a second-degree assault and battery conviction are more severe, contacting a lawyer in Goose Creek when facing these charges may be wise.
First-Degree Assault and Battery Felony Offense in Goose Creek
S.C. Code § 16-3-600(C)(1) defines first-degree assault and battery as a felony offense that applies when an individual causes injuries to others in the context of a robbery, burglary, kidnapping, or theft. First-degree assault and battery may also apply when an individual touches the private parts of another with lewd and lascivious intent and without their consent.
A first-degree charge could ensue when an individual’s assault or battery attempt was likely to result in death or severe bodily injury to another person. Likewise, an individual may face these charges if the act injures another in the context of a robbery, burglary, kidnapping, or theft.
What is Assault and Battery of a High and Aggravated Nature?
Under S.C. Code § 16-3-600(B)(1), assault and battery of a high and aggravated nature is the most severe assault and battery charge that exists under state law. A lesser-included offense than attempted murder, individuals could face this charge when they cause significant bodily injury to others or act in a way likely to result in severe harm or death.
Under this section, great bodily injuries include those who create a substantial risk of death or that causes significant and permanent disfigurement or a protracted loss or impairment of a physical function or limb. An assault and battery attorney in Goose Creek could be helpful to those who wish to fight back against these potentially life-altering charges.
Talk to a Goose Creek Assault Attorney for Advice Today
Working with a Goose Creek assault lawyer could be your most effective means of clearing your name and avoiding the harsh consequences of a conviction.
Every case is different, but regardless of the circumstances, you have a right to legal counsel. Together, you and a knowledgeable attorney could work toward an acceptable resolution of the charges you face. With a strong legal advocate to back you up, you could have a stronger chance of avoiding, or at least minimizing, the risk of suffering negative ramifications from an assault and battery conviction.