Facing assault charges in Columbia, SC, can be overwhelming, with serious legal consequences and lasting social repercussions. At Jeffcoat Criminal Defense Lawyers, our skilled Columbia assault defense lawyers provide expert legal representation. We are committed to protecting your rights and securing the best possible outcome. Contact us for a free consultation today at (803) 200-2000.
Our legal team specializes in assault cases, bringing a deep understanding of both state laws and courtroom tactics to each case. We are dedicated to safeguarding your rights and striving for the best possible outcome.
How Jeffcoat Criminal Defense Lawyers Can Help If You’re Arrested For Assault
If you’re arrested for assault in Columbia, South Carolina, our team can provide legal assistance in the following ways:
- Comprehensive Case Evaluation: We provide an in-depth analysis of your case to understand the circumstances and identify potential defenses.
- Negotiation: We negotiate plea deals with prosecutors to seek reduced charges or alternative sentencing options, striving to minimize the impact on your life.
- Aggressive Court Representation: Our attorneys advocate on your behalf in court, using extensive knowledge of state laws and criminal defense procedures to fight for your rights.
- Ongoing Support and Guidance: We offer continued support throughout the legal process, keeping you informed and prepared at every stage so you know what to expect.
If you’re facing criminal charges in Columbia, South Carolina, we’re here to assist. Contact Jeffcoat Criminal Defense Lawyers to schedule a free consultation with a Columbia violent crimes attorney.
Overview of Assault in South Carolina
Assault in South Carolina refers to various degrees of unlawful conduct, each defined by the nature and severity of the act. In essence, assault involves the unwelcome physical touch or aggressive action toward another person. Below are the degrees of assault in the state:
Simple Assault
Simple assault is the least serious form of assault. It is characterized by unlawful contact that does not involve a weapon or cause severe bodily harm to the victim.
Second-Degree Assault
Second-degree assault charges are applicable when the defendant’s actions result in moderate bodily injury or have the potential to cause such injury. For example, an individual throwing an object at someone can fall under this category. Additionally, second-degree assault can cover any non-consensual touching of another individual’s private parts, whether over or under their clothing, in some cases.
First-Degree Assault
First-degree assault is more severe. This charge is reserved for actions that either result in significant bodily harm or involve non-consensual touching of private parts. Additionally, first-degree assault may be charged if the incident occurs in conjunction with certain serious crimes such as burglary, robbery, kidnapping, or theft.
Assault and Battery of a High and Aggravated Nature
Assault and battery of a high and aggravated nature (ABHAN) in South Carolina is one of the most serious assault charges an individual can face. This offense is characterized by injuring another person without justification, where the injury either causes great bodily harm or is inflicted using means that could potentially cause death or great bodily harm.
If you’re facing any of these charges, reach out to a lawyer as soon as possible.
What Are the Penalties For Assault in Columbia, South Carolina?
Understanding the penalties for assault in Columbia, South Carolina, is crucial for anyone facing these charges.
Penalties for Simple Assault
In Columbia, simple assault is a misdemeanor, and a conviction can result in a fine of up to $500. Additionally, the offender may be subjected to a prison sentence that could extend for up to 30 days.
Penalties for Second-Degree Assault
Individuals convicted of second-degree assault may face more severe penalties. They may be subject to a fine of up to $2,500 and may also be sentenced to a prison term of up to three years.
Penalties for First-Degree Assault
Convictions for first-degree assault can lead to substantial consequences, including a prison sentence that may reach up to 10 years.
Penalties for Assault and Battery of a High and Aggravated Nature (ABHAN)
ABHAN carries severe legal consequences. An individual facing an ABHAN charge could be convicted of a felony, resulting in a maximum prison sentence of up to 20 years.
Given the harsh penalties of any type of assault charge, professional legal assistance is crucial for anyone facing these charges.
Collateral Consequences of Assault Charges
Assault charges can have far-reaching effects that extend beyond the immediate legal penalties. Below are some of the collateral consequences you might face if convicted of assault:
Employment Difficulties
A conviction for assault can make it challenging to secure or maintain employment. Most employers conduct background checks and may be hesitant to hire someone with a criminal record, especially for roles that require a high level of trust or security clearance.
Housing Challenges
Finding housing can also become more difficult with an assault conviction on your record. Landlords often perform background checks and may deny rental applications based on criminal history, limiting your housing options.
Social Stigma
Being convicted of assault can lead to a lasting social stigma, affecting your personal relationships and standing in the community. This stigma can be difficult to overcome and may affect various aspects of your daily life.
Immigration Consequences
An assault conviction can have serious immigration consequences for non-citizens, as it can sometimes be considered a crime or moral turpitude. Depending on the severity of the charge and the specific immigration status of the individual, it could lead to removal/deportation proceedings.
Understanding these collateral consequences is essential for appreciating the full impact an assault charge can have on your life.
What Defenses Can Be Raised If I’m Arrested For Assault?
If you are arrested for assault, several defenses can be used depending on the specifics of your case. Understanding these common defenses is important for building a strong legal case to potentially reduce or dismiss the charges against you. Some of the most common ones include:
Self-Defense
One of the most commonly raised defenses in a criminal case involving assault is self-defense. To successfully argue this defense, you must demonstrate that you were facing imminent threat of bodily harm and used only the necessary amount of force to protect yourself.
Defense of Others
Similar to self-defense, the defense of others involves protecting another person from harm. This defense is valid if you can show that the person you were defending was facing immediate danger or injury and that your actions were needed to prevent harm.
Lack of Intent
Lack of intent can be a viable defense in cases where the alleged assault was accidental. If it can be shown that there was no intention to cause harm, this could significantly impact the outcome of your case.
Consent
Although less common, consent is a defense when it can be demonstrated that the other party agreed to the conduct that resulted in the assault charge.
Mistaken Identity
Another possible defense is mistaken identity. If you were not the person involved in the alleged assault, you can argue that a mistake has been made in identifying the true perpetrator. Providing an alibi is the best way to do this if possible.
The defenses outlined above are not exhaustive. Each assault case is unique, and various factors will influence the legal strategies available to you. The best way to determine what defense to raise is to speak with a criminal defense lawyer as soon as possible.
Facing an assault charge can be an incredibly stressful experience. It is crucial to have an experienced and knowledgeable attorney by your side to navigate your case. At our law firm, we offer a free case evaluation to discuss the specifics of your situation and develop a strong defense strategy.
We are dedicated to providing professional and compassionate guidance throughout the entire legal process. Contact Jeffcoat Criminal Defense Lawyers today to schedule a free consultation with a Columbia assault defense attorney.
Visit Our Criminal Defense Law Firm Located in Columbia, SC
Jeffcoat Criminal Defense Lawyers
1333 Main St Suite 512, Columbia, SC 29201
(803) 200-2000
Open 24/7
