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Conway Criminal Law Blog

What Are the Signs Someone Has Been Assaulted?

South Carolina recognizes that there are different types of assault, and the consequences vary depending on the harm caused and the specific circumstances. Certain factors, such as a young person being involved, an assault occurring during another alleged crime, or choking, can lead to more serious charges. If you are facing an assault charge, know that you do not have to face it alone. Reaching out to our Conway criminal defense attorney can provide guidance and support during this difficult time.

South Carolina Law on Assault

South Carolina defines assault as harming, threatening, or attempting to harm another person. Physical contact is not required. Assault charges fall into four categories: assault and battery of a high and aggravated nature, first-degree, second-degree, and third-degree. The most severe penalties apply to assault and battery of a high and aggravated nature. Third-degree assault carries the least severe penalties.

According to SC Code §16-3-600(B)(3), assault and battery of a high and aggravated nature is considered a lesser offense to attempted murder. You will be charged with assault and battery of a high and aggravated nature if you cause great bodily injury to another person, or the act is likely to cause great bodily injury or death. This is commonly referred to as aggravated assault. A conviction comes with a maximum sentence of 20 years.

Assault and battery can also be charged in the first-, second-, or third-degree, with third-degree assault being known as simple assault. First-degree assault carries a ten-year prison sentence. Both assault and battery of a high and aggravated nature and first-degree assault are felony offenses. In contrast, fines and/or imprisonment may be imposed for assault and battery in the second- and third-degree, since both are classified as misdemeanors.

Signs of Assault

Signs that someone may have experienced assault can include physical, emotional, or psychological changes. If you are concerned that someone you know might have been assaulted, you may notice signs such as:

Self-Defense as a Justification of Your Actions

Being charged with assault can be overwhelming, but it does not mean you will be found guilty. Our Conway criminal defense lawyer is here to support you and help determine which defenses best fit the unique circumstances of your case. In many situations, self-defense may be an option to consider. South Carolina’s self-defense law allows the use of reasonable physical force when there is a reasonable fear of harm, and even deadly force may be used when facing serious bodily harm or imminent danger. Neither requires a duty to retreat, and both may be applied wherever you have a legal right to be.

If you are protecting yourself from intruders in your home, deadly force may be justified. When a claim of self-defense is found to be valid, you may be protected from prosecution. At The Law Office of Brad C. Richardson, LLC, our criminal defense lawyer will work with you to understand the details of your case and develop the best approach to reduce your criminal liability with care and compassion.

Speak with Our Conway Criminal Defense Attorney Today

Assault charges can be frightening. For a free consultation with our Conway criminal defense lawyer, contact The Law Office of Brad C. Richardson, LLC, online or at (843) 488-4321.