Charleston Assault and Battery Lawyer
Defense for Criminal Charges in Charleston, Summerville and throughout South Carolina
Have you been charged with assault and battery in Charleston, SC? If so, you might be feeling scared and uncertain of your next step. You might not even understand the difference between the types of assault and battery as defined by law. You need a Charleston assault and battery lawyer who can explain the seriousness of your charge and walk you through your defense.
How Thurmond Kirchner & Timbes, P.A. Can Help With Your Assault & Battery Case in SC
Thurmond Kirchner & Timbes, P.A. can help. Our assault and battery defense lawyers have experience representing clients in Charleston, Summerville, and throughout South Carolina. We can address any questions or concerns you have about your case. Our experienced team is well-versed in the criminal justice process and the laws concerning your rights. We understand that this can be a challenging and stressful time for you, which is why we will be by your side from beginning to end. When you choose us for your defense, you will have an advocate ready to go above and beyond to ensure your side of the story is heard and defend your innocence. We have obtained optimal results for past clients*. We know past results do not guarantee future outcomes, but we will seek a favorable result on your behalf.
Schedule a free consultation by calling our Charleston assault attorney at (843) 790-0083 or contacting us online today.
South Carolina's Assault and Battery Law
Generally, assault and battery charges arise when a person unlawfully injures another. Every situation is different, and the actual conduct involved in one offense may be considered more severe than another. Additionally, the harm caused or attempted to be caused to the alleged victim can vary. As such, South Carolina Code of Laws § 16-3-600 defines different degrees of assault and battery based on the act and the result.
Types of Assault and Battery Charges
Here's how each charge breaks down:
Assault and Battery of a High and Aggravated Nature
This offense occurs when a person:
- Unlawfully injures another, and causes great bodily injury.
- The act could have killed the other individual or greatly injured them.
Injury to another is considered "great" when it could have caused the individual's death, or it resulted in permanent disfigurement or prolonged impairment of a limb or organ.
First-Degree Assault and Battery
A charge for this offense is levied when a person:
- Unlawfully injures another; and without permission and with ill intent, they touched the individual's private parts (buttocks, genitals, or female breasts).
- The conduct occurred during a robbery, burglary, kidnapping, or theft.
- Tries to harm another, and they have the means to do so, and the act could cause death or great bodily injury to the other.
- The act happened during a robbery, burglary, kidnapping, or theft.
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Opinions From Those Who Matter Most
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"Qualified Attorney With High Character and Integrity"Chris Romeo (and his team) exceeded my expectations when handling an auto accident case for me.- J.W.
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"Masterful Results"No one thinks of litigation as fun, however, in my own complicated case, I can tell you Jesse Kirchner not only made it "fun" but actually, interesting.- L.H.
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"They Work Hard & Get The Job Done For You!"We are very pleased with Christopher Romeo and his Paralegal April Warford. They work hard to get the job done for you.- A.E.
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"I Was Never Once Judged"Mr. Thurman and his staff were very professional and efficient. They worked hard to get my case dismissed.- C.P.
Assault & Battery on a Law Enforcement Official in SC
In South Carolina, assault and battery on a law enforcement officer is considered a serious offense. This often occurs when a person is resisting arres, which is a separate criminal offense that involves actively resisting, opposing, or obstructing a law enforcement officer while they are performing their official duties.
A person who knowingly and willfully opposes or resists arrest from a police officer performing their official duties can be charged with a misdemeanor, punishable by imprisonment for up to one year and/or a fine between $500 and $1,000.
A person who knowingly and willfully assaults or otherwise harms a police officer while resisting arrest can be charged with a felony that carries a maximum prison sentence of 10 years and/or a fine of up to $10,000.
Common Defenses for Assault and Battery
An assault and battery charge does not mean guilt, and at Thurmond Kirchner & Timbes, P.A., we want to ensure all sides of the story are heard. That is why we scour every detail of these cases to determine how to best defend our clients.
Depending on the circumstances, specific defenses can be raised, such as:
- Self-defense: It's possible that the accused felt threatened by the person they allegedly assaulted and was protecting themselves against immediate bodily harm. They also might have felt that safe escape from an escalating situation was impossible.
- Defense of others: The accused might have used or attempted to use force against someone else because they were protecting another person from immediate harm.
- Defense of property: If the person the accused allegedly assaulted was unlawfully on their property and presented a risk of imminent harm, the accused may have been justified in using force against them.
- Consent: The alleged victim might have given the accused permission to touch or attempt to touch them.
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Each Client Receives Transparent Communication & Personalized Attention
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Your Initial Consultation Is Free & Confidential
Understanding the Legal Process for Assault and Battery Charges
Being charged with assault and battery can be a daunting and stressful experience. It's important to understand the legal process and your rights when facing these charges. Our experienced assault lawyer in Charleston, SC can guide you through the legal proceedings and provide the defense you need.
When facing assault and battery charges, it's essential to have a knowledgeable attorney who can:
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