What You Need to Know About Your Assault Charges in South Carolina
Facing assault charges in South Carolina can feel overwhelming. Whether you’re navigating the court system in Richland County or the City of Columbia, it’s essential to understand the legal distinctions between assault and other related charges, such as battery or aggravated assault. In this guide, we’ll explain the differences, discuss the legal process in South Carolina, and offer insights into how you can defend yourself against these charges.
What Are the Differences Between Assault, Aggravated Assault, and Battery in South Carolina?
In South Carolina, there are multiple levels of assault and battery charges, each with different legal implications:
– Assault and Battery in the Third Degree (Simple Assault): This is the least severe form of assault. It is a misdemeanor charge involving unlawful physical contact or an attempt to cause injury to another person. A conviction can result in up to 30 days in jail and fines of up to $500.
– Assault and Battery in the Second Degree: This charge involves moderate bodily injury or an attempt to cause such harm. Additionally, non-consensual sexual touching can also result in a second-degree charge. Penalties include up to 3 years in prison and fines up to $2,500.
– Assault and Battery in the First Degree: This felony charge occurs when the assault involves serious bodily injury or happens during the commission of another crime, such as robbery or kidnapping. A conviction carries up to 10 years in prison.
– Assault and Battery of a High and Aggravated Nature (ABHAN): This is the most severe charge and involves acts likely to cause death or serious injury. ABHAN is a felony, and those convicted can face up to 20 years in prison.
Understanding these distinctions is critical, as the severity of your charge will impact both the legal strategy and potential penalties.
What Role Do Local Courts and Authorities Play in Assault Cases in Columbia?
In Columbia and Richland County, assault charges are prosecuted within the 5th Judicial Circuit. The Columbia Police Department (CPD) or Richland County Sheriff’s Department typically handle arrests and investigations.
– Felony Charges (such as ABHAN or first-degree assault) will be heard in General Sessions Court in Richland County. This court handles all serious criminal cases.
– Misdemeanor Charges (such as third-degree assault) may be handled in Magistrate Court or Municipal Court.
It’s important to note that each court has its own procedures and expectations. Familiarity with local judges and the courtroom process can be advantageous, particularly when building your defense.
What Happens After an Assault Arrest in South Carolina?
After an arrest for assault in Columbia, you’ll undergo a series of legal steps:
- Booking and Bail: After your arrest, you will be booked and may be held until a bail hearing. At the hearing, a judge will determine whether bail is set and what the amount will be based on the severity of the charges and your criminal history.
- Preliminary Hearings: In Richland County, you may have a preliminary hearing to determine if there is enough evidence to move forward with the charges.
- Trial or Plea Bargain: If the case proceeds, it could go to trial or be resolved through a plea bargain. A plea bargain involves negotiating with the prosecution for lesser charges or reduced penalties in exchange for a guilty plea.
What Are the Penalties for Assault in Columbia?
Penalties for assault vary depending on the charge:
– Simple Assault (Third Degree): Up to 30 days in jail and/or a fine up to $500.
– Second-Degree Assault: Up to 3 years in prison and a $2,500 fine.
– First-Degree Assault: Up to 10 years in prison.
– Assault and Battery of a High and Aggravated Nature: Up to 20 years in prison.
Your criminal record plays a significant role in determining your sentence. Previous convictions, especially violent offenses, can result in harsher penalties under South Carolina’s “three strikes” law.
How Can a Criminal Defense Attorney Help With Assault Charges in Columbia?
A skilled defense attorney can be an essential part of your case, particularly in Richland County and the City of Columbia, where knowledge of local courts and procedures can make a difference. Here are several ways a defense attorney can help:
– Investigate Evidence: Your attorney can challenge the evidence presented by the prosecution, such as witness statements, police reports, and surveillance footage.
– Argue Self-Defense: One of the most common defenses against assault is self-defense. Your lawyer may argue that you acted to protect yourself, your family, or your property.
– Negotiate a Plea Deal: In some cases, your attorney can negotiate with the prosecutor to reduce your charges or secure a lighter sentence.
– Challenge the Arrest Process: If the Columbia Police Department violated your constitutional rights during the arrest or investigation, your attorney could file a motion to suppress evidence.
Common Defenses Against Assault Charges in South Carolina
Depending on the circumstances, your attorney may use one of several defense strategies, including:
– Self-Defense: You had to use force to protect yourself.
– Defense of Others: You were defending someone else from harm.
– Lack of Intent: You did not intend to cause harm, or your actions were misinterpreted.
– Inconsistent Evidence: Witnesses may provide conflicting accounts, or police reports may have inaccuracies.
FAQ: Assault Charges in South Carolina
Q: Can I be charged with assault even if I didn’t touch someone?
Answer: Yes. Assault in South Carolina can be based on a threat or an attempt to cause harm. Physical contact is not always necessary.
Q: What is the difference between assault and battery in SC?
Answer: Assault typically refers to the threat or attempt to cause harm, while battery involves actual physical contact or harm.
Q: How can a prior criminal record affect my assault case?
Answer: Prior convictions, particularly for violent crimes, can lead to harsher penalties, including longer prison sentences or fines.
Q: What is the potential sentence for first-degree assault?
Answer: First-degree assault in South Carolina is a felony, carrying a sentence of up to 10 years in prison.
Recent Changes to Assault Laws in South Carolina
In recent years, South Carolina lawmakers have made changes to the state’s criminal code to address violent crime more aggressively. These changes include increased penalties for repeat offenders and enhanced sentencing guidelines for assaults involving firearms or other weapons. It’s essential to stay informed about legislative updates that may affect how assault cases are prosecuted.
Conclusion: Protect Your Rights with Thompson & Hiller Defense Firm
Assault charges can have life-altering consequences. Whether you’re facing a misdemeanor or felony, having the right legal representation is crucial to protecting your rights and securing the best possible outcome for your case. At Thompson & Hiller Defense Firm, we are knowledgeable in defending individuals against assault charges in Columbia, Richland County, and beyond. Contact us today for a confidential consultation.
