Facing an assault charge is a terrifying experience that no one should have to go through alone. In these trying times, you need a dedicated and compassionate Murrells Inlet assault defense attorneys who will stand by your side, fight for your rights, and work tirelessly to achieve the best possible outcome in your case. At Swilley Law Firm, LLC, our seasoned Murrells Inlet criminal defense lawyers are here to provide the strong advocacy and personalized legal guidance you need to get through this difficult chapter.
The Severity of Assault Charges in South Carolina
Many people do not realize the grave consequences an assault conviction can carry in our state.
Even a simple misdemeanor assault charge can result in up to 30 days in jail and a $500 fine, while a felony charge of assault and battery of a high and aggravated nature (ABHAN) can lead to as much as 20 years in prison. The long-term ramifications extend far beyond any sentence, impacting your reputation, employment prospects, and personal relationships for years to come.
This is why it is critical to have skilled Murrells Inlet assault lawyers handling your case from the very beginning. Your attorney can protect your rights, gather evidence and witnesses, negotiate with prosecutors, and craft the strongest possible defense strategy on your behalf.
At Swilley Law Firm, we have a proven track record of success defending clients against all types of assault charges.
The Different Types of Assault Charges
South Carolina law recognizes several different offenses that fall under the umbrella of assault and battery. The specific charge you face will depend on factors like:
- The severity of any injuries inflicted
- Whether a weapon was used
- The relationship between the alleged victim and the accused
- The accused’s criminal history
Some of the most common assault charges we handle include:
- Simple assault and battery: The unlawful injury of another person or the attempt or threat to injure another with the present ability to do so. Penalties can include up to 30 days in jail.
- Assault and battery 2nd degree: Causing moderate bodily injury to another person or offensively touching them without legal justification. Punishable by up to 3 years.
- Assault and battery 3rd degree: This is the least serious assault charge. It involves injuring or threatening to injure someone. A conviction can result in up to 30 days in jail.
- Assault and Battery of a High and Aggravated Nature (ABHAN): This is charged when it is alleged that someone injures another person, and the act involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or the act occurred during the commission of a robbery, burglary, kidnapping, or theft. ABHAN can also be charged if it is alleged that a person offers or attempts to injure another person with the present ability to do so, and the act is accomplished by means likely to produce death or great bodily injury; or occurred during the commission of a robbery, burglary, kidnapping, or theft. A conviction for ABHAN carries up to 20 years in prison.
No matter how serious the accusations against you may be, you are entitled to a robust legal defense. Our knowledgeable assault attorneys will thoroughly investigate your case, challenge the prosecution’s evidence, and fight aggressively to protect your freedom and future.
Potential Legal Defenses to Assault Charges
Just because you have been charged with assault does not mean you will be convicted. There are a number of viable defenses that may apply, depending on the unique facts and circumstances surrounding the alleged incident. Some commonly deployed defense strategies in assault cases include:
- Self-defense: You have the right to defend yourself or another person against the unlawful use of force. If you reasonably believed you were in imminent danger of death or serious harm and used an appropriate level of force in response, self-defense could lead to an acquittal. Once self-defense is raised, the prosecution is obligated to disprove self-defense beyond a reasonable doubt.
- Defense of property: Similarly, you may use reasonable force to defend your real or personal property from theft, damage, or unlawful entry. For instance, pushing a burglar to prevent them from entering your home.
- Insufficient evidence: If there are weaknesses in the evidence, conflicting eyewitness testimony, or a lack of physical evidence, this may be enough to secure a favorable outcome.
- Accident: Some assault charges arise from unintentional conduct. If you accidentally cause harm without any criminal intent, this can form the basis of your defense.
- Mistaken identity: In certain cases, the wrong person is accused based on mistaken eyewitness identification or other errors. Your lawyer can highlight these issues.
Protecting Yourself During an Assault Investigation
If you learn you are under investigation for assault, the steps you take can have a profound impact on the trajectory of your case. First and foremost, be silent. Do not speak to the police or anyone else about the allegations without your lawyer present. Even an innocent comment may be twisted and used against you later.
Second, contact an experienced Murrells Inlet assault attorney right away. At Swilley Law Firm, we can intervene early, communicate with law enforcement on your behalf, and start building your defense immediately. This can help you avoid devastating missteps and improve the likelihood of a positive result.
Other key tips to remember:
- Save any documents, photos, videos, emails, texts or other potential evidence
- Make a list of eyewitnesses who may support your defense
- Follow your lawyer’s advice carefully and attend all court dates
- Stay off social media and avoid any discussion of your case
- Take care of yourself mentally and physically during this stressful time
Your Choice of Assault Lawyer Can Make All the Difference
When your future hangs in the balance, you cannot afford to take chances on an inexperienced or apathetic assault attorney. You need a true advocate who will invest the time, energy, and resources necessary to secure the best attainable outcome by all ethical means available.
At Swilley Law Firm, we pride ourselves on our client-focused approach. We will take the time to listen closely to your story, answer all of your questions, and tailor our strategy to your unique needs and goals. Our assault lawyers have a deep understanding of South Carolina’s complex criminal statutes, rules of evidence, and sentencing guidelines. We will leverage our knowledge and skills at every stage of the process to pursue justice for you.
While we strive to resolve cases efficiently and cost-effectively, we have the trial experience to argue your case in court if necessary. From start to finish, you can count on us to be the ally you need in your corner. We are here to ensure you are treated fairly and to protect the things that matter most.
Begin Building Your Murrells Inlet Assault Defense Today
If you are facing assault charges in Murrells Inlet or the surrounding areas, do not delay in seeking qualified counsel. The sooner you have a skilled assault lawyer fighting for you, the better your chances will be of mitigating the fallout and moving forward with your life.
Contact Swilley Law Firm, LLC today for a confidential consultation. We look forward to meeting you and exploring how we can make a positive difference in your case.
