The crime of assault in the state of South Carolina involves the threat of harm or violence to another person. Assault often overlaps with the crime of battery, which occurs when there is a touching of another person with the intent to cause harm. There need not necessarily be an injury to a person in order for an assault to occur, but words are not in themselves sufficient to cause an assault; instead, there must be threatened or actual physical behavior involved. However, assault can be prosecuted as either a misdemeanor or a felony under South Carolina law, depending on the extent of the harm / violence that was threatened and/or that actually occurred, so an assault conviction can have serious consequences.
Possible Consequences to an Assault Conviction
Whether assault is treated as a misdemeanor or a felony often depends on the circumstances, any injuries to the victim, and/or whether some sort of object or weapon was used in the assault. As a result, an assault conviction could result in a fine, a jail sentence, or a combination of the two. Obviously, any sort of criminal conviction will appear on your criminal history, which can have an adverse effect on your employment and housing choices.
Defenses to Assault under South Carolina Law
There are some common defenses to an assault charge, which may make a person not guilty of an alleged assault, and may possibly prevent you from being convicted of the crime of assault:
- Consent
- Punishment (of one’s child)
- Self-Defense
- Defending another person
- Preventing a crime
Contact a Lawyer for Assistance With Your Assault Case
If you are charged with the crime of assault in the state of South Carolina, you should be sure to contact an experienced criminal defense attorney for assistance with your case.
