Getting charged with violence may make an ordinary week a stressful disaster. You may worry about going to jail, penalties, work, family or your record. The good news is that getting charged with an assault doesn’t necessarily lead to the maximum penalty. A South Carolina assault lawyer can evaluate the evidence and figure out how to get the charge reduced or the possible sentence limited. The facts, the proof, the injuries and the criminal history are different in every instance. Dayne Phillips is a criminal defense lawyer at South Carolina Criminal Law and handles persons accused of serious crimes around South Carolina. He also practices criminal and misdemeanor defense, including matters linked to violence.
First, What Kind of Assault Charge Do You Face?
Under South Carolina law there are multiple degrees of assault and battery. The level depends on what was allegedly done and the type of injury. In South Carolina, Third degree assault and battery is a misdemeanor. It can carry up to 30 days in prison and a fine up to $500. Second degree assault and battery is similarly a misdemeanor, but it carries a maximum penalty of three years in jail and a fine of up to $2,500. First degree assault and battery is a crime. A conviction can send you to prison for up to ten years. Assault and battery of a high and aggravated character, or ABHAN, is also a felony and can bring up to 20 years. That disparity is important. A South Carolina Criminal Defense Lawyer might consider carefully if facts support the degree charged.
Is it possible to get the charge lowered?
Yes, it is feasible to reduce it in some circumstances. That doesn’t mean that all assault cases may be cut . Prosecutors analyze evidence, injuries, witnesses, prior record and other facts. Your defense counsel can investigate those issues and highlight gaps in the state’s case. For example, the evidence may not support the amount of injury alleged by the prosecution. Witnesses may have a different version of events. Video evidence could tell another story. Those things do matter. South Carolina law also recognizes lesser-included offenses. For example, third-degree assault and battery is a lower included offense of second-degree, first-degree and high and aggravated assault and battery. That offers defense lawyers another subject to look at in making a case.
What Can a Lawyer Look For?
The foundation of a solid defense is facts, not assumptions. Your attorney may consider:
- Police Reports & Arrest Records
- Photos of the injuries alleged
- Health records
- Witness testimonies
- Security or Cell Video
- 9/11 recordings
- Text messages and other communications
- Your own version of events
- Any allegation of self-defense
- Your history of criminal activity
Sometimes one simple truth can shift the whole picture. The injuries may not be as severe as first feared. Maybe the other guy began the fight. Maybe a witness saw something wrong. Or maybe the police report is lacking a key detail. The goal of a defense attorney is to locate such loopholes and lay them out for you.
Self-Defense May Change Case
Claims of self-defense may be made in assault situations. There are laws in South Carolina that dictate when the use of force may be legally justified. The facts are really important. Who began this fight? Was there a threat at the moment? Was the force employed reasonable in the circumstances? These questions warrant serious thought. No one should assume that an arrest is the last word in the state’s interpretation of what happened. Criminal charges are allegations. The prosecution still needs to make its case.
Negotiating a better deal
Defense cases don’t all go to trial. Sometimes a lawyer will talk to the prosecutor about a lesser charge or some other result. The possible outcome relies on the facts, the charge, the evidence and the person’s record. A cut can change a lot. For example, an allegation of serious felony to a misdemeanor could modify the probable sentence and long-term impact. But a lawyer can’t guarantee an outcome. You have the right to be fully informed about your options before you decide.
What if the charge is Domestic Violence?
If the assault charge involves a spouse, partner, family member, or someone who lives in the same home, it may be considered a violation of South Carolina’s domestic violence laws. Domestic violence has different regulations and consequences. Furthermore, in South Carolina law, certain assault offenses are lesser included offenses in domestic abuse cases. These instances can provide additional challenges beyond the criminal case. It could be a protective order, contact restrictions or issues related to children and housing. That’s why early legal guidance can make a difference.
Don’t Take an Assault Charge on Light Side
Even a misdemeanor can produce worry that haunts you for years. A felony assault conviction can have much more dire consequences. Perhaps you have queries concerning your career, professional license, housing, family or future plans. Those questions are tougher to answer if you wait until the last minute. If you have been charged, do not talk about the details of your case with anyone who does not need to know. Do not discuss the case on the internet. Remember court dates and conditions of release. Speak to a defense counsel before you make any big judgments on your case, above all.
Why Experience Counts
Dayne Phillips is a criminal defense attorney with South Carolina Criminal Law and has established a competitive defense practice in South Carolina. He has worked on felony and misdemeanor cases involving firearms, theft, guns, drugs, solicitation, sex offenses, DUI, domestic violence and traffic violations. Phillips has also achieved many not-guilty judgments for people charged with crimes. In 2017 and 2018 he was named a “Rising Star” by Super Lawyers. He is now the President of the South Carolina Association of Criminal Defense Lawyers. If you’re looking for a South Carolina Criminal Defense Lawyer, getting counsel early will assist you grasp what you’re up against. It can also help you make decisions based on facts rather than fear.
What to Do Following an Assault Arrest
Start with taking the charge seriously. Write down what you remember while events are still fresh. Save any data that could be relevant to the occurrence, such as messages, images or videos. Don’t leave out anything that matters. Then talk to a criminal defense attorney. The faster your lawyer gets to know the case, the faster they can begin to examine the evidence. There may be multiple ways forward but you need to know which ones are appropriate for your scenario. Assault charges can be intimidating. That doesn’t mean you’re out of options.
FAQs
1. Can You Get A South Carolina Assault Charge Reduced?
Yes, certain assault charges can be reduced. It is contingent upon the facts and evidence. A lawyer might negotiate to reduce the charge, or raise problems that impact the proper degree of the offense.
2. Is assault and battery a crime in South Carolina?
It is contingent upon the level. Under Section 16-3-600, assault and battery in the third and second degree are normally misdemeanors, but assault and battery in the first degree and ABHAN are crimes.
3. Can self-defense assist with an assault charge?
It can when the facts support a valid self-defense claim. Your attorney will need to know the circumstances of the event, the threat, and the force utilized.
4. Do I talk to the alleged victim about the case?
As a general rule, you should call your attorney before you contact the alleged victim. Contact can bring new complications, particularly if a court order restricts communication.
5. When Should I Call a South Carolina Assault Attorney?
Get a lawyer as soon as you are arrested or charged. Early review provides your lawyer more time to analyze reports, evidence, witnesses and a potential defense.