Contrary to common misconceptions, assault charges are not uniform in South Carolina and can range in severity, making it vital to recognize these distinctions. Please continue reading as we explore the key differences between first- and second-degree assault and how a determined Chesterfield County Assault Defense Lawyer can help shield you from an uncertain future.
What Constitutes First- Vs. Second-Degree Assault in South Carolina?
First and foremost, it’s crucial to understand what constitutes an assault offense in South Carolina. Generally, you can be charged with assault if you cause someone to fear imminent bodily harm. Physical contact is not necessary for this offense; only the threat or act of causing the fear of harm is required. Examples of assault include threatening to hit someone, pointing a weapon at someone, shoving a person, or making a move that makes someone reasonably fear they will be hurt.
South Carolina law distinguishes between first- and second-degree assault based on the severity of the injuries inflicted and the intent. First-degree assault is a felony that involves great bodily injury or the attempted infliction of great bodily injury, while second-degree assault is a misdemeanor that involves moderate bodily injury or non-consensual touching of private parts.
A felony assault charge is punishable by up to ten years of imprisonment. If convicted of a second-degree misdemeanor, you can face up to three years of imprisonment and a fine of up to $2,500. However, assault and battery of a high and aggravated nature can result in up to twenty years behind bars.
What Are Potential Defenses I Can Utilize?
In South Carolina, assault charges carry severe penalties, making it essential to consult with an experienced criminal defense attorney as soon as possible. Depending on the unique circumstances of your case, there may be certain legal defenses available. One of the most common defenses that is used in South Carolina to defend against these charges is self-defense.
If you can prove that you were not the initial aggressor and were defending yourself against an attack they started, you might establish your innocence. Alternatively, if the prosecution cannot prove your intent behind the alleged assault, a conviction may be unattainable. You can also argue that you only used force to protect your property from theft or damage. It’s crucial to demonstrate that you used a proportionate level of force. If you can prove that you were mistaken for the actual assailant, you can argue mistaken identity as a valid defense. This will likely require a strong alibi.
If you are facing assault charges in South Carolina, please don’t hesitate to contact an experienced attorney from the Cockrell Law Firm, P.C., today to schedule your free initial consultation with our aggressive legal team.