Physical attacks and threats of violence are punishable as crimes of assault in South Carolina. The sentence for an assault conviction can be harsh depending on the suffered injury and other factors.
A Spartanburg assault lawyer from Ellis Hinton, LLC can provide you with an experienced defense for navigating assault allegations in court. Based in Greenville, servicing SC and beyond, our attorneys have both federal and state prosecutor experience, enabling us to advocate for you with a confident perspective on how your case may proceed.
The South Carolina Criminal Code § 16-3-600 recognizes four different classes of assault and battery offenses. The lowest level is assault in the third degree, which applies when a person injures or attempts to injure a person while having the present ability to do so. It is a misdemeanor offense with a maximum potential punishment of a $500 fine and 30 days of jail time.
Second-degree assault occurs when the attack either results in or could have resulted in moderate bodily injury. The South Carolina Criminal Code defines moderate bodily injury as physical injury involving any of the following:
However, the definition of moderate bodily injury explicitly excludes injuries that only require one-time treatment with subsequent observation for cuts, abrasions, burns, or other minor injuries that do not require extensive care.
Second-degree assault may also be the charge in cases that involve nonconsensual touching of a person’s private parts, including touching above the clothes. The maximum sentence for conviction of second-degree assault is a $2,500 fine and up to three years of jail time.
First-degree assault is considered a felony offense and can apply to several different sets of circumstances. In general, first-degree assault occurs when a person injures or attempts to injure another person through means likely to result in death or great bodily injury.
Another type of first-degree assault is when a person causes injury to another while committing an act of nonconsensual touching of that person’s private parts with a lewd and lascivious intent. Causing injury to another person during the commission of a robbery, burglary, kidnapping, or theft is also first-degree assault. The punishment for first-degree assault is jail time of up to 10 years.
The most serious assault charge is that of a high and aggravated nature. This applies when a person either causes great bodily injury to someone or causes injury through means likely to cause death or great bodily injury. The maximum potential punishment for this type of assault in Spartanburg is 20 years of imprisonment, so the support of a skilled attorney can be crucial.
The most common defense against allegations of assault is self-defense or the defense of others. This may allow the use of force in situations where a person has a reasonable belief of imminent danger to themselves or others. The strength of a self-defense or defense-of-others claim in an assault case will depend on the events leading up to a physical confrontation and the evidence supporting it. For example, a self-defense claim may be difficult in cases where you had a reasonable opportunity to retreat or used excessive force.
Additional arguments may also exist that could lessen the class of an assault charge or encourage leniency from a judge during sentencing after a conviction. Our experienced Spartanburg lawyers can work with you to determine the best approach to defending your assault case.
A Spartanburg assault lawyer from Ellis Hinton, LLC, will deliver a personalized approach to your case that focuses on your priorities. In this pursuit, we are proud to provide an honest and realistic perspective to each defense, enabling you to make well-informed decisions. We simply do not make promises that we cannot keep. Contact our office to schedule a free consultation today.
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