Have you or a loved one been arrested for assault in Florence? An assault charge is a serious allegation that can result in harsh penalties and long-lasting consequences. But you do not have to face this daunting situation alone. The experienced assault defense lawyer at Swilley Law Firm, LLC is here to stand up for your rights and build the strongest possible defense on your behalf.
What Constitutes Assault in South Carolina?
Under South Carolina law, assault is defined as an unlawful attempt or offer to injure another person, coupled with the apparent present ability to carry out the attempt or offer. The state recognizes four degrees of assault and each degree carries its own set of potential punishments:
- Third-degree assault and battery (simple assault): 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.
- Second-degree assault and battery: This occurs when moderate bodily injury results or could have resulted from the assault, or if the assault involves nonconsensual touching of the private parts. A conviction can result in up to 3 years in prison.
- First-degree assault and battery (aggravated assault): This is charged when the assault involves great bodily injury, is accomplished by means likely to cause great bodily injury, or occurs during the commission of a robbery, burglary, kidnapping, or theft. A conviction can result in up to 10 years in prison.
- 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.
The penalties for assault range from 30 days in jail for a simple assault conviction, up to 20 years in prison for an ABHAN conviction. You may also face monetary fines, restitution, probation, and other court-ordered punishments. Having an assault on your criminal record can also impact your ability to find employment, housing, and educational opportunities for years to come, even after you have completed your sentence.
Defenses to Assault Charges in South Carolina
Just because you have been charged with assault does not mean you will be convicted. Several potential defenses can be raised, depending on the specific facts and circumstances of your unique case:
- Self-defense: You have the legal right to use force to defend yourself if you are in imminent danger of harm. The force used must be proportional to the threat. You do not have to wait to be struck first before defending yourself.
- Defense of others: Similar to self-defense, you can legally use force to protect another person you reasonably believe is at risk of harm. This defense often arises in situations involving protecting family members or friends.
- Lack of intent: Assault requires intentional conduct. If you accidentally caused injury to someone, that would not be considered assault. The prosecution has the burden of proving your intent beyond a reasonable doubt. This is a high standard that is not always easy to meet.
- Consent: In some cases, the alleged victim may have consented to the physical contact, such as in a contact sport or a medical procedure. Consent can negate an assault charge. However, you should be cautious about relying on this defense without first speaking to an attorney.
- Misidentification: Eyewitness identifications are notoriously unreliable. If you have been wrongly accused based on mistaken identification, this can be challenged. Our Florence assault lawyers will closely examine the identification procedures used by law enforcement to determine if they were unduly suggestive or otherwise flawed.
An assault attorney at our firm will thoroughly investigate your case to identify all viable defenses.
We will work tirelessly to undermine the prosecution’s case and obtain the best possible outcome, whether that means an outright dismissal of the charges, an acquittal at trial, or a favorable plea bargain.
Why Choose Swilley Law Firm for Your Assault Case?
At Swilley Law Firm, LLC, our mission is to provide high-quality, client-centered legal representation. We truly care about each person we represent and will be by your side every step of the way as we fight for your freedom and future. Our Florence assault attorney has a wealth of experience handling all types of assault cases.
When you hire our firm, you will have a dedicated assault lawyer managing your case. Your attorney will take the time to listen to your side of the story, answer your questions, and advise you of your legal options. You will not be passed off to a junior associate or paralegal. We believe that frequent and open communication is essential to a successful attorney-client relationship.
Take Action Now to Protect Your Rights
If you are under investigation for assault or have already been charged, time is of the essence. The sooner you involve a Florence assault attorney, the better your chances of securing a positive resolution to your case. Trying to handle the situation on your own or waiting to see what happens will only make matters worse. Contact Swilley Law Firm, LLC today to set up a confidential consultation with a knowledgeable Florence assault lawyer.
