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Assault Penalties in South Carolina

When you have been charged with assault, the potential penalties depend entirely on the facts of your case and the severity of the charge. There is potential jail time for any assault conviction, so you should retain an experienced criminal defense attorney when you are facing charges.

Even though the lowest level of assault is called “simple assault,” there is nothing simple about it. Simple assault is charged as a misdemeanor, but it is punishable with a fine of up to $500 or 30 days in prison. The truth is that many assaults would be charged more seriously because there is bodily injury involved.

Second-degree assault is the next most serious type of charge. The prosecutor will charge this when the alleged attack involved moderate bodily injury or the potential for it to occur. The penalties for second-degree assault are much more severe. One who is convicted of this offense could face up to three years in prison and a fine of up to $2,500.

First-degree assault carries the most serious penalties. Prosecutors charge this offense when the alleged assault caused great bodily injury, or there are other aggravating factors, such as the crime occurring during a burglary or robbery. Here, the penalty can be a prison sentence of up to ten years. Finally, when the assault is of a High and Aggravated Nature, the jail sentence can be up to 20 years.

If you have been charged with assault, your lawyer can help you defend against the charges or negotiate a plea deal with the prosecutor that involves a lesser punishment than the maximum sentence.