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Charleston Assault and Battery Lawyers

Charleston Assault and Battery Lawyer

Assertive representation when you’ve been charged with assault charges in Charleston

In South Carolina, assault and battery is a singular term that refers to injuring or attempting to touch another person. There are different degrees of assault and battery depending on various factors, including the severity of the injury, where the victim is injured, the intent to cause harm, and other factors. A conviction for assault and battery will usually result in a prison sentence and a permanent criminal record. At The Law Offices of A. Randolph Hough, P.A., our Charleston assault and battery lawyer understands what defenses can best help you obtain a dismissal of the charges, an acquittal, or a plea bargain to a lesser offense. He’s helped successfully defend thousands of criminal defendants.

“Remember, an arrest is not a conviction.”    -    Attorney Hough

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What is an assault and battery offense?

The term “assault and battery” is now just one criminal term in South Carolina. In the past, an assault was the “threat” of unwanted touching. Battery was the actual touching. Now, S.C. Code § 16-3-600 defines “assault and battery” in different degrees/categories. Generally, assault and battery includes causing injury to another person, or attempting to cause injury to another person with the present ability to do so.

What are the different degrees of assault and battery?

The state categorizes assault and battery into four categories that each have its own definition and penalties. Each category also has its own defenses that our skilled Charleston criminal defense lawyer will assert for you. The main difference among the four categories is the severity of the injury. For example, South Carolina differentiates between “moderate bodily injury” and “great bodily injury.” Whether the assault involved injury to a person’s “private parts” is another distinction.

Assault and Battery of a High and Aggravated Nature

This offense requires:

  • Unlawfully injuring another person
  • Causing great bodily injury
  • Using means that are likely to produce great bodily injury or death

This crime is a felony punishable by up to 20 years. The offense is a lesser included offense of attempted murder.

Assault and Battery of the First Degree

You can be charged with this offense if you:

  • Injure another person, and the act:
    • Involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or
    • Occurred during the commission of a robbery, burglary, kidnapping, or theft.
  • Offer or attempt to injure another person with the present ability to do so, and the act:
    • Is accomplished by means likely to produce death or great bodily injury; or
    • Occurred during the commission of a robbery, burglary, kidnapping, or theft.

This crime is a felony punishable by up to 10 years in prison.

Assault And Battery of the Second Degree

You can be charged with this crime if you unlawfully injure or attempt to injure another person with the present ability to do so and:

  • Moderate bodily injury to another person results or moderate bodily injury to another person could have resulted; or
  • The act involves the nonconsensual touching of the private parts of a person, either under or above clothing.

Assault and Battery of the Third Degree

This offense, also called “simple assault,” occurs if you injure another person or attempt to injure another person with the present ability to do so.

The penalty for a conviction is a fine of up to $500 and/or imprisonment for up to 30 days.

There are other related offenses and other acts that may result in additional penalties. There is a separate law for “spousal sexual battery.” Assault and battery charges could also lead to domestic violence charges. An assault of a police officer is a felony.

How do you defend assault and battery charges in Charleston?

At The Law Offices of A. Randolph Hough, P.A., our Charleston assault and battery lawyer works to provide the strongest defense possible to help ensure you avoid jail time and a criminal record.

The defenses vary with the specific charge. Possible defenses to an assault and battery charge include:

  • A lack of intent
  • The injuries weren’t as serious as claimed
  • You acted in self-defense
  • The government can’t prove its charges beyond a reasonable doubt
  • The testimony of the police and/or the witnesses is not credible
  • Any sexual acts were consensual
  • Mistakes in fact
  • Errors of law

Our Charleston assault and battery lawyer understands the differences between each type of charge and the defenses that should be asserted to help obtain the dismissal of the charges, an acquittal, or negotiated plea agreements.

Remember – an arrest is not a conviction.

Can assault and battery convictions be expunged in South Carolina?

The best way to avoid a conviction is to hire a seasoned Charleston assault and battery lawyer with the experience and reputation to help obtain dismissals or acquittals of the charges. Generally, violent crimes such as assault and battery cannot be expunged unless the charge is reduced to a nonviolent offense. An exception is when you obtain an official pardon. You may be eligible for expungement if the offense is a misdemeanor (not a felony) and the sentence is minimal.

The Law Offices of A. Randolph Hough, P.A. also aggressively defends clients against other criminal charges, including assault, arson, kidnapping, and charges against college students. We also handle drunk driving defense.

Do you have a Charleston assault and battery lawyer near me?

The Law Offices of A. Randolph Hough, P.A. meets criminal defendants at our Charleston Office located at 171 Church St #160 and wherever a defendant is being held in custody. We also hold consultations by phone.

We’ll explain how the criminal process works, assert all your defenses, and fight aggressively for your freedom.

1720 Main St. Suite 105
Columbia, South Carolina 29201
Phone: (803) 219-2740
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171 Church Street, Suite 160
Charleston, SC 29401
Phone: (843) 507-4558
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Get help now. Call our skilled Charleston assault and battery defense lawyer today

Criminal charges are scary. Your freedom, your reputation, your finances, and your future are all on the line. At The Law Offices of A. Randolph Hough, P.A., we’ll guide you through each step of the criminal process. Attorney Hough has 30 years of criminal litigation experience, including work as a prosecutor. Call our Charleston assault and battery defense attorney or complete our contact form to schedule a consultation today.