Greenville Assault Lawyer

Standing Up Against South Carolina Assault And Battery Charges

Assault is a crime of violence, so the state of South Carolina throws the book at many defendants. The selection of an experienced Greenville assault lawyer is your first step to bringing a proper defense. At William G. Yarborough, Attorney at Law, our goal is to shield you from the full force of the criminal justice system and consequences such as jail time, community service, and loss of the right to own a firearm.

William G. Yarborough has decades of experience guiding clients through even the most complex cases. Whether working with the prosecutor’s office on the reduction of the charges or a plea agreement, Attorney Yarborough has his clients’ best interests at heart. Contact our law firm today to schedule a private consultation to review the charges.

Extensive Experience Fighting Charges in Greenville, South Carolina

My firm provides legal guidance and defense to clients facing a broad array of assault charges across the Midlands and upstate area, including:

• Gun charges
• Simple assault
• Violent assault
• Assault with weapons
• Domestic assault
• Aggravated assault
• Criminal sexual conduct
• Vehicular assault
• Assault with intent to kill
• Attempted murder
• Murder

While this list reflects the most common types of cases I handle, I encourage you to contact my firm no matter the assault charge you are facing. Depending on the severity of your charge, you could face serious consequences if convicted. An experienced, tenacious Greenville defense attorney might be the only thing standing between you and years behind bars.

A Closer Look at Assault

South Carolina Code § 16-3-600 is the assault and battery law. Defendants can face charges whenever they cause or try to cause injury through unlawful contact.

Assault and battery can be as simple as slapping, punching, or hitting a person, provided the victim did not consent. Even attempting to hurt someone through physical violence is a criminal charge in many cases, since assault does not require that a defendant make contact with a victim.

South Carolina classifies assault and battery by severity or degree and sets penalties accordingly:

• Third-degree assault and battery. This crime involves unlawfully injuring a person or attempting to do so. It is a misdemeanor, and a conviction can result in up to 30 days in jail.
• Second-degree assault and battery. A defendant unlawfully injures or attempts to injure another person by either touching their private parts or causing moderate bodily injury. This misdemeanor offense can result in up to three years in prison.
• First-degree assault and battery. The defendant unlawfully touches a person’s private parts with lewd intent or injures them during a crime. First-degree assault also covers attempts to injure someone during a crime or by a method likely to result in death or great bodily injury. This is a felony charge, and a conviction can send a defendant to prison for up to 10 years.
• Assault and battery of a high and aggravated nature. This is the most serious charge. A defendant can be convicted if they unlawfully caused great bodily injury or used methods to injure that were likely to lead to death or great bodily injury. This felony can send a defendant to prison for up to 20 years if convicted.

How We Defend Against Greenville, SC Assault Charges

An assault charge is serious. Anyone convicted will now have a permanent criminal record and could struggle to find work.

Our assault and battery lawyer will canvas the record to identify the correct defense. Here are a few of the most common arguments we raise on behalf of clients.

1. Defense of Self or Others

A person may use force to defend themselves from unlawful force. For example, if someone starts punching you, then you may use force to neutralize the attack. You should not face assault charges for shoving or trying to punch the person back.

South Carolina also allows people to use force in the defense of other people. Suppose you see a person being attacked on the sidewalk. You can run up and shove or strike the assailant in order to protect the victim.

2. Consent

The alleged victim might have consented to the contact. This is a common defense to sexual assault charges. A defendant might have groped or rubbed the alleged victim, but the victim consented.

Consent must be voluntary, and the person consenting must be of age. This is a complex defense to raise, because the encounter is rarely recorded, and we usually get two conflicting stories of what happened.

3. Insufficient Evidence

The prosecution needs to prove every element of the offense. They also need to prove that the defendant committed the crime. There could be serious questions about an assailant’s identity.

Often, your assault and battery lawyer can seriously undermine the state’s case by challenging the collection of evidence. The state might have interrogated you without giving Miranda warnings, in which case we can exclude any incriminating statements from the state’s case. Or the police used an unduly suggestive lineup to secure an identification of you as the assailant.

4. Involuntary Movement or Accidental Contact

The defendant might have slapped or struck a person involuntarily as part of an epileptic fit or because they were having a seizure. This type of involuntary movement is not criminal.

In the case of vehicular assault, your car could experience sudden brake or steering failure, which renders the vehicle uncontrollable. We can argue you should not face criminal charges because the vehicle was outside your control.

Contact A Greenville Assault Lawyer for Help with Your Case

Assault charges can result in major penalties, time behind bars, and a permanent criminal record. Defendants will struggle to find employment or even rent an apartment once they have an assault and battery charge on their records. This is a huge barrier to moving productively forward in life. Contact William G. Yarborough, Attorney at Law, for help with your case. Mr. Yarborough has more than 30 years of criminal defense experience, and he can defend anyone who currently resides in the 29609 zip code from these charges.