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.
Get in touch with our Myrtle Beach assault and battery lawyer today at (843) 212-1116 to arrange a convenient time for a free consultation.
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.
These charges can arise out of a wide range of situations in the Myrtle Beach area, including disputes at local bars, altercations along Ocean Boulevard, or incidents that occur at private homes or vacation rentals. Law enforcement in Horry County will often make an arrest based on limited information at the scene, which means a person can be formally accused even when they were trying to walk away or calm things down. Because the facts are often unclear at the time of arrest, having an assault lawyer review police reports, witness statements, and any available video is critical to making sure your side of the story is heard.
Assault
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 are not accidental injuries.
In practice, police and prosecutors may look at words, gestures, prior disputes between the people involved, and the surrounding circumstances to decide whether a threat rose to the level of assault. A person may be accused of assault even if no physical contact ever occurred, simply because the alleged victim says they feared being harmed. A skilled Myrtle Beach assault attorney can challenge whether that fear was reasonable, whether there was truly a present ability to carry out the threat, and whether the situation has been exaggerated or misunderstood.
Battery
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.
Battery cases in South Carolina can involve everything from a brief shove during an argument to more serious physical contact that causes visible injury. The context matters greatly, including whether alcohol was involved, whether the parties know each other, and whether there were efforts to stop the confrontation. Surveillance cameras in businesses along the Grand Strand or body camera footage from police officers can become key evidence. A thorough review of this material is often the difference between a conviction and a more favorable resolution.
South Carolina charges people with assault, battery, or assault and battery. The law imposes different penalties for each type of charge.
"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