William G. Yarborough

Participating in a violent mob can lead to grave consequences

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Protests have become much more frequent and dangerous in the past few years. While Americans have the right to assemble under the First Amendment, that hasn’t stopped demonstrations from becoming violent with injuries on both the protester and law enforcement sides.

If you took part in a violent demonstration, you could face an assault and battery charge if you’re brought into custody. What are the penalties you face if you’re convicted?

Penalties for assault and battery by a mob

In South Carolina, there are three degrees of assault and battery by a mob. The higher the degree, the more severe the penalties:

  • First degree: If the violence inflicted by the mob resulted in a person’s death, and the accused was a member of the mob. This is an exempt felony, and the penalty for conviction is a minimum 30-year prison sentence.
  • Second degree: If the mob’s violence led to serious bodily injury of another, and the accused was a mob member, they’ll face a second-degree charge. This is a Class B felony; a conviction can lead to jail time of not less than three years but not more than 25 years.
  • Third degree: This is a Class C misdemeanor if the mob’s violence led to bodily injury. The accused can face jail time of up to one year if convicted.

State law defines a mob as an assembly of at least two people gathered for the premeditated purpose and intent to harm another. Not all demonstrations can be classified as mobs, but some protests decrying specific individuals or groups of people can become mobs once violence is involved.

Assault charges for being part of a violent mob can lead to lengthy prison sentences, especially if the aggression results in death. Even if you didn’t strike the fatal blow, a court can still charge you as part of the group. Consider consulting a legal professional to understand your defense options if the case goes to court.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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