The Zealous Defense You Deserve. Backed by Over Two Decades of Experience
Myrtle Beach Assault & Battery Attorney
Defending Clients Charged with Misdemeanors & Felonies
Assault and battery can be charged as either a felony or a misdemeanor, depending on the specifics of the case and the victim's injuries. If you have been charged with assault, battery, or both, you need an experienced Myrtle Beach assault and battery lawyer to defend your rights and provide a strong defense. T. Kirk Truslow, P.A. has provided criminal defense legal services in South Carolina for 30 years and has the resources needed to mount a strong defense for clients facing misdemeanor or felony charges.
The right path forward depends on the circumstances. If you are under investigation, don't panic: Defense lawyer Kirk Truslow is experienced in pre-indictment investigation and negotiation. If you get indicted and charged, he is prepared to try your case at trial before a jury, mitigate your punishment if convicted, argue that your charges should be lowered, dismissed, or considered for Pretrial Intervention programs, and represent you in an appeal.
What is Assault and Battery in South Carolina?
An assault and battery charge is a type of criminal offense. Those charged with assault and battery either physically harmed or attempted to physically harm someone. In South Carolina, assault and battery are subject to many subtle variations from a legal perspective.
The legal definition of assault is the act of injuring another person. A threat to harm someone else may therefore be considered assault by the law. As a result, the "general intent" of someone can be crucial in determining assault and battery charges. Assault and battery were not accidental injuries.
Battery is defined by the legal system as touching someone without their consent. Battery charges do not consider intent to harm another person. In order to prove assault and battery, it is important to determine whether the person charged intended to touch someone else. A person who accidentally touches another person is not considered to have committed battery.
South Carolina charges people with assault, battery, or assault and battery. The law imposes different penalties for each type of charge.
What are the Types of Assault & Battery Charges in South Carolina
Like many states, South Carolina classifies assault and battery charges by the seriousness of the offense and the injury that resulted from the defendant’s alleged actions. The law of Assault and Battery in South Carolina is separated into four categories based upon the seriousness of the crime alleged.
Whether you are charged with a misdemeanor or felony assault and battery charge, it is in your best interests to secure the best possible legal representation to help you avoid a criminal record. Our Myrtle Beach assault and battery attorney has provided aggressive, reliable, and effective representation for thousands of clients over the years.
The possible charges for assault and battery include:
- Assault and Battery High and Aggravated – A lesser-included offense of attempted murder, the offense carries up to 20 years in prison.
- Assault and Battery 1st Degree – A first-degree criminal charge may result from unlawfully injuring another person, nonconsensual touching of private parts, or injury occurring during the commission of a robbery, burglary, or theft. A conviction carries a possible sentence of up to 10 years in prison.
- Assault and Battery 2nd Degree – An individual may be facing second-degree charges for unlawfully injuring or attempting to injure another, causing moderate bodily injury, or touching the private parts of another without consent. A conviction carries up to 3 years in prison and/or a fine of up to $2,500.
- Assault and Battery 3rd Degree – This charge may result from a situation where a person unlawfully injures or attempts to injure another. If convicted, this charge carries up to 30 days in jail and a fine of up to $500.
Your Best Defense to Assault and Battery Charges
Your best defense requires that you retain the services of an experienced Myrtle Beach assault and battery lawyer, such as Kirk Truslow, to defend your case. Mr. Truslow will listen to your side of the story, explore a variety of possible defense strategies, and develop the defense that best fits your situation.
Some common defenses for assault and battery charges include:
- Defense of another person
- Defense of your property
Start with a Free Consultation
Mr. Truslow offers a free initial consultation to allow you to discuss your case, get advice, and have your questions answered. Same-day appointments are offered for consultations if you need help now. Because criminal charges can occur at all hours of the day and night, our firm is available to answer your call for legal assistance 24 hours a day, 7 days a week.
"Kirk defended me in a recent DUI case in North Myrtle, a second offense from one in North Carolina. He was able to get reduced to a reckless driving offense!"- Jackson