Charleston Assault Lawyer
Defending Against Assault Charges in South Carolina
Assault is considered a serious criminal offense and is penalized as such in South Carolina. If you're facing charges related to assault, our Charleston assault attorney is here to provide you with unwavering support and skilled representation. At Seibert Law Firm, we understand the gravity of these charges and are committed to helping you achieve the best possible outcome for your case.
Call Seibert Law Firm today at (843) 428-6360 or contact us online to schedule a consultation with our assault attorney in Charleston.
What is Assault?
Assault is a legal term that encompasses a wide range of actions and behaviors, all of which involve the intentional harm or threat of harm to another person. In South Carolina, assault can be categorized into two main types: simple assault and aggravated assault.
- Simple Assault: This is the most common form of assault and typically involves threats, attempts, or acts that cause another person to fear for their safety. Simple assault may not result in physical injury but can still lead to serious legal consequences.
- Aggravated Assault: Aggravated assault is considered a more severe form of assault and often involves the use of a deadly weapon with the intent to cause severe bodily harm or injury resulting from the assault. Penalties for aggravated assault are particularly more severe than for simple assault.
What Are the Penalties for Assault in South Carolina?
The penalties for assault in South Carolina can be severe and depend on various factors, including the severity of the offense, the presence of aggravating circumstances, and the defendant's prior criminal record. Penalties may include fines, probation, community service, and incarceration. Let's break down the potential consequences:
- Simple Assault: If convicted of simple assault, you may face up to 30 days in jail, a fine, or both. The severity of the penalties may differ depending on the circumstances and the court's discretion.
- Aggravated Assault: Aggravated assault carries much steeper penalties. Depending on the circumstances, a conviction may result in several years in prison, substantial fines, probation, and a permanent criminal record.
Defenses Against Assault Charges
While each case is unique, some common defenses against assault charges may include:
- Self-defense: If you can reveal that you acted in self-defense or in defense of others, your charges may be reduced or dismissed.
- Lack of intent: Assault charges require proof of intent to cause harm or fear. If the prosecution cannot prove intent beyond a reasonable doubt, your case may be in your favor.
- False accusations: In some cases, individuals are falsely accused of assault due to misunderstandings, personal vendettas, or other reasons. We can investigate the circumstances to uncover any potential false allegations.
- Alibi: If you can establish that you were not at the scene of the alleged assault when it occurred, this could be a strong defense.