Assault & Battery Lawyer in Summerville

Facing Assault & Battery Charges in SC?

If you’re facing assault and battery charges you may or may not have physically harmed someone.

Oftentimes when people think of assault and battery they imagine someone was brutally beaten. While this is just one scenario, there are other scenarios which are far less severe than what most people might imagine.

You see, it’s a misconception that physical injury must occur in order to be charged with assault and battery. And, depending on the degree of your charges along with the number of offenses, the fines, penalties and jail time vary greatly.

But, regardless of the degree or offense, assault and battery charges are always serious and should be taken as such. If convicted, the impact it has on one’s life is just too great to not fight the charges.

What Is Assault and Battery?

Assault and battery are often used together, but they are actually two distinct legal concepts related to physical harm or threats of harm against another person:

• Assault: Assault is the intentional act of causing someone to fear that they are about to be physically harmed. It does not require actual physical contact. For example, if someone raises their fist and threatens to punch another person, that could be considered assault.
• Battery: Battery is the intentional and unlawful physical contact with another person without their consent. It involves actual physical harm or offensive contact. For example, if someone punches another person and makes physical contact, that could be considered battery.

In some jurisdictions, assault and battery are combined into a single offense, while in others, they are treated as separate offenses. The severity of the charges and potential penalties can vary depending on the specific circumstances of the case, such as the extent of the injuries, the presence of aggravating factors, and the laws of the jurisdiction.

What Factors Determine The Seriousness of Your Charges?

While not a complete list, law enforcement considers one or more of the following factors to determine the degree of the charge:

• Severity of injuries suffered by the victim
• Age of the victim
• Size, including height and weight of the victim vs. the height and weight of the accused
• Whether the victim wants to press charges
• If a weapon was used
• Whether the private parts of the victim were touched by the accused
   

The Assault & Battery Attorneys at Templeton Mims & Ward can help.

While assault and battery charges are a serious offense, there’s hope. There are several ways we can obtain a favorable outcome in your case.

Let’s take a look at potential options.

Self Defense

Generally speaking, a person may use whatever degree of force is reasonably necessary to protect themselves from bodily harm.

However, if you initiated the fight, then self defense cannot be claimed. There is an exception in some cases – if you can prove that you retreated from the confrontation self defense may be used even if you were the initial aggressor.

Defending Others

Aiding others in threatening situations is a valid defense provided the defender is free from fault.
Defense of Property

A reasonable amount of force may be used to protect property. However, the right to defend property is more limited than that of self defense. For example, deadly force is usually not permitted.

Accident

Of course if the circumstances surrounding your case demonstrate that the harm to the victim was an accident then this can be a viable defense as well.