Assault is an act of unlawfully injuring another person. These offenses are typically charged as assault and battery in Moncks Corner and can be charged in different degrees, with the punishments for certain degrees being more severe.
If convicted on this charge, you could face imprisonment, even if the offense was only charged as a misdemeanor. A qualified criminal defense attorney could help you fight charges in any degree. It is best to speak with a Moncks Corner assault lawyer if you are charged with an assault and battery offense.
What is Assault and Battery of a High and Aggravated Nature?
The most severe type of violence-based offense identified in the South Carolina Code of Laws is assault and battery of a high and aggravated nature. This type of assault is committed when a person unlawfully injures another by causing them great bodily harm.
Assault and battery of a high and aggravated nature could also be alleged when a person unlawfully injures another individual in a manner likely to produce great bodily injury or death. Such an offense is a felony and can be punished by up to 20 years in prison.
What is Assault and Battery in the First Degree?
Assault and battery in the first degree occurs when someone unlawfully injures another individual during the commission of a crime involving theft, burglary, robbery, or kidnapping. Offering or attempting to commit violence during the commission of any of these crimes also constitutes assault in the first degree.
It is also considered first-degree assault when the act involves non-consensual touching of another person’s private parts, either above or under clothing, with lewd or lascivious intent.
Assault and battery committed in the first degree is also a felony and is punishable by up to ten years in prison. A legal advisor who represents clients in Moncks Corner criminal defense cases could answer questions about first-degree assault charges.
Assault and Battery in the Second Degree
A second-degree assault and battery charge applies when a person unlawfully injures, offers, or attempts to harm another individual and either of the following occurs:
- The assaulted individual sustains moderate bodily injury, or such injury could have occurred
- Non-consensual touching of another person’s private parts, either above or under clothing
Assault and battery committed in the second degree is considered a misdemeanor crime. The punishment for second-degree assault is a $2,500 fine and imprisonment for up to three years.
Assault and Battery in the Third Degree
Assault and battery offenses that occur in Moncks Corner are charged in the third degree when someone unlawfully causes or attempts to cause injury to another person. Third-degree assault also applies when someone offers to cause injury to another person on behalf of a third party and has the ability to cause such harm.
This third-degree charge is a misdemeanor offense, but jail time is still a possibility. If convicted, penalties include a $500 fine and up to 30 days in confinement. A legal representative who handles these types of cases in Moncks Corner could explain the differences between third-degree assault and other degrees.
Contact a Moncks Corner Assault Attorney for a Violent Offense
An assault conviction is likely to result in a jail or prison sentence, so it is best not to try fighting the charges on your own. Let a Moncks Corner assault lawyer represent you.
An attorney who knows assault and battery laws could look for weaknesses in the prosecution’s case and fight to have the charges dismissed or reduced. Contact legal counsel for assistance right away.