Assault Lawyer Near You in Myrtle Beach, SC - Assault and Battery High and Aggravated Nature - 1st Degree Assault Charge Attorney - 2nd Degree Assault Charge Lawyer Near You

Assault Lawyer Near You in Myrtle Beach, SC

Being charged with an assault crime can mean you are charged with a misdemeanor or a felony. The penalties range from 30 days in jail for simple assault and battery 3rd degree to 25 years in prison for attempted murder.

In Horry County, law enforcement’s job is to protect the citizens using every possible asset at their disposal. However, sometimes innocent citizens are arrested and charged with an assault crime.

There are defenses to these charges and seeking experienced legal help is critical to your case outcome and your future. Oftentimes you may have been charged with the wrong offense and face unfair punishment. It is also possible that your assault incident was overcharged, meaning an assault and battery 2nd degree may actually be a true assault and battery 3rd degree.

The attorneys at the Lovely Law Firm can analyze your case and determine all available defenses for your assault charge. Our police brutality lawyers can help with any police or jail abuse claims as well.

Assault and Battery High and Aggravated Nature

Assault and Battery High and Aggravated Nature carries serious time in prison. The criminal defense attorneys at The Lovely Law Firm can defend your case. These cases generally turn on what is considered “great bodily injury” Specific case law examples have determined what the Court will define this to mean. Every case is different. If you have been charged with this assault crime, do not delay pick up your phone and get your free consultation to discuss your rights and possible defenses.

In these cases the accused did unlawfully injure another person, and

    • (a) “Great Bodily Injury” to another person results; or
    • (b) the act is accomplished by means likely to produce death or great bodily injury.

Penalty for Assault and Battery High and Aggravated Nature Charges

Assault and Battery of a High and Aggravated Nature, often called ABHAN, is one of the most serious assault offenses in South Carolina, and the penalties reflect that level of severity. It is a felony, and a conviction can lead to up to twenty years in prison, depending on the circumstances of the case. ABHAN usually involves great bodily injury or an act that could have caused great bodily injury, along with aggravating factors like the use of a deadly weapon. Because it is a felony, the long term impact can be significant, from difficulty finding work to limits on certain rights. People facing this charge often seek legal help right away because the stakes are high and the consequences can follow them long after the case is over.

The criminal defense lawyers at the Lovely Law Firm can defend any assault crimes you have been charged with. an Assault and Battery High and Aggravated Nature charge is about as serious of an assault charge as one person can get short of murder in South Carolina. If you have been charged, call 843-839-4111 to speak with Justin M. Lovely or Amy S. Lawrence about your assault crime.

 

1st Degree Assault and Battery Charges in South Carolina

Assault charges are determined by the severity of the act. For a person to be charged with 1st degree assault the following must be established.

The accused unlawfully:

  • (a) injures another person, and the act:
    • (i) involves nonconsensual touching of the private parts of an adult, either under or above clothing, with lewd and lascivious intent; or
    • (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or
  • (b) offers or attempts to injure another person with the present ability to do so, and the act:
    • (i) is accomplished by means likely to produce death or great bodily injury; or
    • (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.

Penalty for 1st Degree Assault Charges

In South Carolina, a conviction for first degree assault is a serious matter, and the penalties reflect that. The charge is considered a felony, which means it can lead to years in prison along with a permanent mark on your record. Depending on the circumstances, someone convicted could face up to ten years of incarceration, along with fines and probation. The court also considers factors like whether a weapon was involved or if the victim suffered significant injury. Beyond the criminal penalties, a conviction can affect employment, housing, and even personal relationships, so it is something most people try hard to avoid or fight with the help of an attorney.

The criminal defense lawyers at the Lovely Law Firm can help defend the assault crimes you have been charged with. An assault and battery 1st degree may actually be an assault and battery in the 2nd or third degrees. These cases are often the result of an overcharging situation to coerce a later plea. We will file your discovery motions and get our investigators on the case to carve out the appropriate defense for your set of facts.

2nd Degree Assault and Battery Charges

While second degree assault charges are considered less egregious than first degree they are still treated very seriously in the state of South Carolina. For an individual to be charged with 2nd degree assault the accused must have unlawfully injured another person, or offered or attempted to injure another person with the present ability to do so, and:

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

Penalty for 2nd Degree Assault Charges

Second degree assault and battery in South Carolina is still a serious offense, though not as severe as first degree. It is typically charged as a misdemeanor, but it can still lead to up to three years in jail along with possible fines up to $2500. The charge usually involves situations where someone is hurt or there was the risk of moderate injury, even if the harm was not as extreme as in a first degree case. A conviction can still have lasting consequences, since it goes on a criminal record and can affect jobs, schooling, or housing. Even though the penalties are lighter than for first degree assault, most people take the charge very seriously and often speak with a lawyer to understand their options.

 

3rd Degree Assault and Battery Charges in South Carolina

While third degree assault charges are the least severe among the assault and battery offenses in South Carolina, they are still taken seriously under state law. A person may be charged with third degree assault and battery if they unlawfully injure someone, or if they attempt or offer to injure another person while having the present ability to carry it out. Unlike higher degree charges, third degree cases do not require proof of moderate or great bodily injury, nor do they involve specific factors like nonconsensual touching of private areas. Instead, the focus is on the fact that some level of physical injury occurred or could have occurred, even if it was minor.

Penalty for 3rd Degree Assault Charges

In South Carolina, the penalties for third degree assault and battery are lighter than the higher degree charges, but they can still create real problems in someone’s life. It is classified as a misdemeanor, and a conviction can lead to up to thirty days in jail, a fine of up to $500, or both. Even though the potential jail time is short, the conviction still goes on a criminal record, which can affect job opportunities and background checks. Judges also have the discretion to order things like counseling or community service, depending on the situation. So even though it is the lowest level of assault in the state, it is not something people take lightly.

These charges usually arise from minor confrontations and can quickly spin out of control in court. Alcohol is often a contributing factor with these charges. It is very common for police to not witness these incidents directly but simply make arrests to silence the situation. Self defense as well as the defense of others defense may be applicable to your set of facts.

Having a violent offense on your permanent record is never a good thing. Whatever the case may be, The Myrtle Beach Assault and Battery lawyers fully investigate these charges from your perspective and develop an appropriate defense tailored to your facts.

 

You need an experienced Myrtle Beach Assault Attorney to represent you in these and other assault crimes:

  • Assault and Battery-3rd Degree
  • Assault and Battery-2nd Degree
  • Assault and Battery-1st Degree
  • Criminal Domestic Violence CDV
  • Lynching – Assault and Battery by a Mob
  • Assault and Battery High and Aggravated Nature
  • Criminal Domestic Violence High and Aggravated Nature
  • Harassment and Stalking

 

If you have been charged with a crime against a person in Horry County, Call the Myrtle Beach Criminal Defense Lawyers at The Lovely Law Firm Today.

 

 

 

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*Information on this website is not legal advice. Reviewing the information on this website does not create an attorney-client relationship with the law firm. No fee if no recovery. Injury cases are handled on a contingency fee calculated before expenses from gross recovery. Costs are paid by the client regardless of outcome. Cases will be handled by lawyers who primarily practice out of our offices in Myrtle Beach at 1053 London St. Myrtle Beach, SC 29577. The attorney who will represent you is primarily based in Myrtle Beach, but they or a representative will travel to meet with you anywhere in the state. Any result the endorsed law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients. Please understand that no attorney can ethically guarantee a result in any case. The content of this webpage should not create any expectation that our firm will obtain similar results in your case. Your case has its own unique set of facts and circumstances. No two cases are alike and you should call us for a free consultation at 843-839-4111 regarding your specific factual scenario.

Every case is different. Results vary.