Assault charges include far more things than many people think. Assault is when you put someone in fear of imminent physical harm. While assault is charged under the same law as battery, there are some substantive differences in the underlying crimes.
You do not have to make actual physical contact to commit assault. All you need to do is something that leads someone else to believe that that will be imminently harmed. In a sense, an assault is an attempted battery. You do not need to complete the battery to be convicted of a crime.
Under South Carolina law, there are different degrees of assault that have different penalties attached, depending on the severity.
● Simple assault (third-degree) is a misdemeanor that can be punished with up to 30 days in jail
● Second-degree assault is when there is moderate bodily injury - it is a misdemeanor that carries a sentence of up to three years
● First-degree assault and assault of a high and aggravated nature are felonies and are punished with up to ten or twenty years in jail respectively.
Many domestic violence cases are charged as assaults. Therefore, there are additional considerations that may apply. Your assault charges could have an impact on your custody or work situations. Even simple assault charges will have a dramatic effect on your reputation, family situation, and livelihood. In other words, while the laws call them simple, there is nothing simple about them.
Assault is a crime that requires intent, and the prosecutor needs to prove every element of the crime to win a conviction. You could fight the charges or negotiate for a lesser charge and penalty.
Call an Anderson County Assault Lawyer Today
Whatever you have been charged with, we can help. Contact a lawyer with Bradley & Perkins online or call us today at 864.401.8770 to set up your free initial consultation, which should occur immediately.