Assault & Battery

Thompson & Hiller Defense Firm

Assault and Battery

Assault & Battery Overview

In Columbia, South Carolina, assault and battery charges are serious offenses that can lead to severe legal consequences. Whether you’re facing simple assault, aggravated assault, or battery charges, it’s crucial to consult with experienced legal professionals like Thompson and Hiller. Our team is skilled  in navigating the complexities of South Carolina’s assault and battery laws, providing aggressive representation to safeguard your rights and secure the best possible outcome for your case.

Initial Consultation

Attorney meets with the client to discuss the details of the case

Investigation & Evidence Gathering

Collecting all relevant evidence, talking to witnesses, and reviewing police reports and other documents

Pre-Trial & Negotiations

Defense can negotiate with the prosecution for plea deals or even get some charges dropped

Trial & Beyond

Defense attorney represents the client in court, presenting evidence, cross-examining witnesses, and making closing arguments

Assault and Battery
Courtroom

Assault & Battery

Facing assault and battery charges in Columbia, SC? Trust Thompson and Hiller for legal defense that navigates South Carolina’s complex assault laws.

Understanding Assault & Battery Laws in South Carolina

In South Carolina, assault and battery are criminal offenses that involve causing physical harm or the threat of harm to another individual. The state categorizes these offenses into varying degrees, from simple assault to aggravated assault and battery, each with its own set of legal consequences.

Types of Assault and Battery

  • Assault and Battery 3rd Degree: Is when a person unlawfully injures another person or offers or attempts to injure another person with the present ability to do so.
  • Assault and Battery 2nd Degree: Involves moderate injury or the threat of injury with the capability to carry it out. For example, of this would be when someone was injured and went to the hospital for more serious treatment than stitches.
  • Assault and Battery 1st Degree: Involves severe injury or the threat of severe injury with a deadly weapon. For example, stabbing someone with a knife.
  • Assault and Battery of a High and Aggravated Nature: Involves injury plus either Great bodily injury, or the act was accomplished in a means likely to produce death or Great bodily injury. No weapon required.

Legal Process and Penalties

If you’re facing assault and battery charges, the legal process generally begins with an arrest, followed by an arraignment where charges are formally presented. Depending on the severity of the offense, penalties can range from fines and community service to imprisonment.

At Thompson and Hiller, we fight against various types of assault and battery charges. Our legal team will guide you through the entire legal process, ensuring that your rights are protected at every stage.

In South Carolina, assault and battery cases can take various forms, each with its own set of circumstances and legal implications. Common examples include bar fights, where simple assault or Assault and Battery 3rd Degree charges may apply for minor physical altercations. Road rage incidents can escalate into Assault and Battery 1st Degree if a weapon is involved or severe injury is inflicted. Lastly, Assault and Battery of a High and Aggravated Nature cases often involve the use of firearms or other deadly weapons with the intent to cause severe harm or even death. Understanding the nuances of these common scenarios can help you better navigate the legal landscape if you’re facing such charges.

Penalties for Assault & Battery 

 

Assault and Battery 1st Degree

This is a more serious offense that involves causing severe injury or threatening severe injury with a deadly weapon, such as stabbing someone with a knife or attacking them with a metal rod.

Penalties: Classified as a felony, a conviction can result in up to 10 years in prison. The conviction will also be a permanent part of your criminal record, affecting your life long after you’ve served your sentence.

 

Assault and Battery 2nd Degree

Assault and Battery 2nd Degree is more severe and involves causing moderate injury or threatening someone with the capability to inflict such injury. Example includes an injury sustained needing more than stitches.

Penalties: This is a misdemeanor offense but carries more severe penalties than 3rd Degree. Convictions can result in up to three years in prison and/or a fine of up to $2,500. A conviction will also appear on your criminal record, affecting your future in multiple ways.

 

Assault and Battery 3rd Degree

Assault and Battery 3rd Degree involves minor physical contact that doesn’t result in severe injury. Examples include slapping, pushing, or shoving someone during a heated argument.

Penalties: A conviction for Assault and Battery 3rd Degree can result in up to 30 days in jail and/or a fine of up to $500. This misdemeanor charge can also lead to a criminal record, which may impact your life in various ways, including housing applications and job opportunities.

 

Assault and Battery of a High and Aggravated Nature

Assault and Battery of a High and Aggravated Nature is one of the most severe forms of assault and involves the use of a deadly weapon with the intent to cause severe harm or death. This often involves firearms, knives, or other weapons capable of causing life-threatening injuries.

Penalties: This is a serious felony offense that can result in substantial prison time, often carries up to 20 years, along with hefty fines. A conviction will have a long-lasting impact on your life, including potential life imprisonment in extreme cases. This is a violent and serious charge which impacts how much time of the sentence you serve, and it’s a strike on the 3 strikes to life without parole.

 Navigating the Legal Process of Assault & Battery 

Facing assault and battery charges in South Carolina can be a daunting experience, but choosing the right legal representation can make all the difference. Here’s what you can expect when you choose Thompson and Hiller as your attorneys:

Initial Consultation

Your journey with Thompson and Hiller begins with an initial consultation where we assess the specifics of your case. Generally, we will hear from you what happened that lead to your arrest. We look for strategies to go forward and determine where we will collect evidence that will help in your defense.

Legal Strategy Development

Based on our initial assessment, we’ll develop a tailored legal strategy. Whether it’s challenging the validity of the evidence, questioning the intent, or negotiating a plea deal, we’ll identify the most effective approach for your unique situation.

Pre-Trial Proceedings

Before the trial, we’ll engage in discovery, gather additional evidence, and may file motions relevant to your defense. We’ll also prepare you for any pre-trial hearings and work on negotiating plea deals if applicable.

Trial Representation

If your case goes to trial, you can count on Thompson and Hiller for aggressive representation. We’ll present a compelling case, cross-examine witnesses, and challenge the prosecution’s evidence to aim for a favorable outcome.

Post-Trial Support

Regardless of the trial outcome, our support doesn’t end there. Our representation, according to our fee agreement ends after trial. We are happy to discuss options for appeal or sentence reduction, but these would be considered a separate cases. However, we do include expungement of dismissed or acquitted charges.

By choosing Thompson and Hiller, you’re not just getting attorneys; you’re gaining advocates who will stand by you throughout the entire legal process. Our extensive experience in handling assault and battery cases in South Carolina ensures that you’re in capable hands.

Preparing for Your Consultation with Thompson & Hiller

When facing assault and battery charges, preparation is key. Here’s what you should bring to your consultation with Thompson and Hiller, as well as the questions you should consider asking.

What to Bring:

  1. Police Reports: A copy of your ticket or warrant.
  2. Paperwork: Your bond paperwork.
  3. Photographic Evidence: Photos of your injuries.
  4. Medical Records: If injuries were involved, bring any medical documentation.
  5. Timeline of Events: A written account of what happened can help clarify your case.

Questions to Ask:

  1. What are the potential legal consequences I’m facing?
  2. What is your experience with assault and battery cases?
  3. What legal strategies do you recommend for my case?
  4. What are the possible outcomes of my case?
  5. What are your fees and what do they cover?

By coming prepared and asking the right questions, you can make the most out of your consultation with Thompson and Hiller. Our goal is to provide you with the best possible legal advice and representation, tailored specifically to your case.

Frequently Asked Questions

1. What is the difference between assault and battery in South Carolina?

Answer: In South Carolina, assault refers to the threat of physical harm, while battery involves actual physical contact. The state categorizes these offenses into varying degrees, each with its own set of legal consequences.

2. What are the penalties for assault and battery charges?

Answer: Penalties can range from fines and community service for simple assault to substantial prison time for aggravated assault. The severity of the penalty depends on the degree of the offense and the circumstances surrounding the case.

3. Can I defend myself against assault and battery charges?

Answer: Yes, there are various defense strategies available, such as self-defense, lack of intent, or disputing the validity of the evidence. Consulting with experienced attorneys like Thompson and Hiller can help you identify the best approach for your case.

4. What should I do if I’m arrested for assault and battery?

Answer: If you’re arrested, it’s crucial to remain silent and request legal representation immediately. Thompson and Hiller can guide you through the legal process, ensuring that your rights are protected at every stage.

5. How can Thompson and Hiller help me with my assault and battery case?

Answer: Thompson and Hiller have the knowledge to go against all degrees of assault and battery charges. From the initial consultation to trial representation, we provide comprehensive legal support tailored to your specific needs

Want to Speak With an Attorney Today?

Get your free initial consultation set up today by reaching out via phone, email, or text. Have Thompson & Hiller on your side today.

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