4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
The Myrtle Beach assault and battery defense lawyers at Axelrod and Associates have the experience that you need to get your charges dismissed, find a resolution that meets your goals, or try your case to a jury when necessary.
If you are convicted of assault and battery in SC, it could mean jail time, prison, fines, and a record that brands you as a violent person. It is critical that you get a defense lawyer on your case immediately who knows how to prepare your case for trial and negotiate with your prosecutor.
Your assault and battery lawyer on the Axelrod team will:
Assault means to threaten a person with physical harm with the present ability to carry out the threat. For example, if I raise my fist and say, “I’m going to punch you,” that’s assault. Or, if I point a gun at a person, that is assault.
Battery is when you physically harm a person – it involves physical contact. If you punch someone in the nose, that’s battery. Or, if you fire a gun and the bullet strikes a person, that is a battery (and possibly murder or attempted murder).
SC law combines the offenses of 1) assault and 2) battery into the single offense of “assault and battery.” Depending on the facts of the case and how it is charged, however, the crime could be based on either an assault or a battery…
Third-degree assault and battery charges involve either 1) injuring another person (battery) or 2) threatening to injure another person (assault).
Assault and battery third degree is usually charged when the alleged victim has minor injuries like bruises, minor cuts, or scrapes, and it carries up to 30 days in jail.
Second-degree assault and battery charges also involve either 1) injuring another person or 2) threatening to injure a person, but also:
Moderate bodily injury is defined in SC Code Section 16-3-600 as “physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation.”
Private parts is defined as “the genital area or buttocks of a male or female or the breasts of a female.”
2nd degree assault and battery carries up to three years in prison.
First-degree assault and battery could mean 1) assault or 2) battery. If the alleged victim is injured (battery), it is assault and battery first degree if:
If there was an assault only (a threat or attempt to injure), it is assault and battery first degree if:
Great bodily injury is defined as “bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.”
1st degree assault and battery carries up to ten years in prison.
Assault and battery of a high and aggravated nature (ABHAN) only applies to batteries (physical injury) that:
ABHAN carries up to twenty years in prison.
Attempted murder in SC used to be called “assault and battery with intent to kill.” It is the attempt to unlawfully kill another person with malice aforethought, whether express or implied, and it carries up to 30 years in prison.
Every case is different – different defendants, different prosecutors, different arresting officers, different alleged victims, and different circumstances. You should contact your Myrtle Beach assault and battery attorney on the Axelrod team for advice specific to your case.
Assault and battery charges may be eligible for pretrial intervention (PTI), but only when the prosecutor and alleged victim agree. Ultimately, it is in the prosecutor’s discretion, but assault and battery third degree charges can and often are sent to PTI when the defendant does not have a substantial criminal record.
Each “degree” of assault and battery is a lesser included offense of the more serious degrees:
This means that the prosecutor can reduce your charges to a lesser degree of assault and battery for purpose of a plea agreement, or a jury can find you guilty of a lesser degree of assault and battery at trial if the facts support the lesser charge.
Your prosecutor can dismiss your assault and battery charges if there is insufficient evidence or if it is in the interest of justice.
The court can dismiss your assault and battery charges on a motion made by your attorney for lack of evidence or lack of probable cause.
The alleged victim cannot dismiss your assault and battery charges, because they are not a party to the action – the “plaintiff” in your case is the State of SC, not the victim. The alleged victim can request that the prosecutor dismiss your case, and, in some cases, the prosecutor will agree.
Do not attempt to talk to the alleged victim in your case, because there is most likely a no-contact provision in your bond.
Your bond could be revoked, and you may end up facing new charges for tampering with a witness… If the alleged victim in your case requests that the charges be dropped, that is something that the prosecutor and your assault and battery defense lawyer must handle for you.
If you have been charged with assault and battery in SC, you need to consult with an experienced assault and battery attorney immediately – before you talk to police or investigators.
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