An aggravated assault accusation significantly increases the potential penalties of a criminal charge. Also known as “assault and battery of a high and aggravated nature,” this charge may lead to a felony conviction. Someone found guilty of this may lose constitutional rights such as the right to vote, hold elected office, be on a jury, and own a gun.
If facing this type of charge, an experienced Irmo aggravated assault lawyer could defend your case. A knowledgeable assault defense attorney could ensure your rights are protected and lower or eliminate any potential penalties against you.
What is Battery and Assault?
Local law treats assault and battery as the same crime. If a person unlawfully touches and harms another, they can be charged of this crime. Even if the person never touched someone else but attempted or threatened to, they may be charged with an aggravated assault.
The specific circumstances which a person will be charged with this crime depend on what happened in the alleged incident. A qualified attorney in Irmo could help someone determine if what they are being accused of is severe battery.
Assault and Battery of a High and Aggravated Nature
South Carolina Code § 16-3-600 (B) defines assault and battery of a high and aggravated nature as a standard assault including:
- Great bodily injury to another person
- The act would probably cause great bodily injury or death
- Private parts being touched without consent if the elements were present for a first-degree conviction
- Occurred during robbery, kidnapping, burglary, or theft if the elements were present for a first-degree conviction
In determining whether this crime is applicable to a person’s charge, many factors must be met and considered. A diligent Irmo severe assault attorney could help someone determine what crime the accusations against them constitute.
Great Bodily Injury
In order for an aggravated assault charge to be warranted, the defendant must have allegedly caused great bodily injury to the plaintiff. This occurs when there is a substantial risk of a person’s death, if it results in some form of permanent disfigurement, or if there is impairment or loss of a bodily organ. Injuries in these cases may require hospitalization, surgery, or long-term treatment.
Penalties for Severe Assault in Irmo
If a person is found guilty of assault and battery of a high and aggravated nature, they could face a punishment of up to twenty years in prison. A conviction for this offense requires the judge to impose a prison sentence to their discretion according to the details of the case. A successful Irmo aggravated battery attorney may help to reduce the number of years in prison someone might face, or may even change the charge to an offense that does not necessarily require a prison term.
Prepare Your Defense with an Aggravated Assault Attorney in Irmo
A severe criminal charge can alter your life in many ways including having a felony record. Your future may seem uncertain, but defenses exist that may help reduce or dismiss the charges against you. To find out what rebuttals may apply in your case, call a tenacious attorney.
A qualified Irmo aggravated assault lawyer is here to help you find the defense that fits your unique situation. Contact our office today for help.