Assault charges in South Carolina can range anywhere from 30 days for Assault and Battery 3rd degree, to 30 years for Attempted Murder.
To prove simple assault and battery, the prosecution must show that there was either (1) harm caused to another, or (2) an attempt to cause harm. From there, the degree of assault you are charged with can increase based on additional factors, such as a weapon being involved, the level of harm or injury caused, and/or whether the assault occurred during the commission of another crime.
Oftentimes, people incorrectly assume that if the victim does not want to move forward, the charge will be dropped. This is not true - it is always the prosecutor's decision whether to move forward with the case.
Depending on the facts of your specific case, you may be entitled to a self-defense hearing, or there might be pretrial diversionary programs available to you. It is therefore important to explore all possible defenses in your case and discuss your options with an attorney who is experienced in defending against this type of charge.
The Husted Law Firm has handled many assault and battery cases of all degrees. Call or text to schedule a consultation to discuss the details of your case and potential defenses.
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