Assault Attorneys in Lexington, SC

Assault is one of the most mistakenly charged crimes in South Carolina because first responders often struggle to identify the primary aggressor. Many assault charges hinge on ‘he said/she said’ evidence, which is not enough to support criminal convictions. Instead, county solicitors often rely on confessions during assault and battery investigations to support prosecutions.

If you’ve been charged with a violent crime, immediately contact the dedicated Lexington assault defense lawyers at Kinard Law Group. Violent offenses have serious criminal consequences and might impact your employment and educational opportunities.

Categories of Assault and Battery Offenses in South Carolina

Assault involves some level of unlawful physical touching. It’s often charged as a lesser-included offense to violent crimes, such as murder or rape, but it can stand alone. Assault offenses recognized in South Carolina include:

• Assault and battery (S.C. Code § 16-3-600)
• Murder
• Manslaughter
• Lynching
• Dueling
• Hazing
• Sexual battery and criminal sexual conduct

Most assault and battery charges fall under S.C. Code § 16-3-600, and assault can be charged as an aggravated offense under this code section.

Defenses to Lexington Assault Charges

Assault is considered a violent crime, meaning offenders cannot generally take advantage of the state’s pre-trial intervention programs. Instead, defendants should immediately retain legal defense counsel to determine whether they have one of the following defenses to assault and battery charges in Lexington:

Self-Defense/Defense of Another Person

An experienced S.C. criminal defense lawyer might defeat assault charges by proving that you acted in self-defense. This defense also applies if you stepped in to defend another person from serious bodily harm.

Consent

Not every fight or sexual encounter qualifies as an assault. A defense attorney might argue that you mutually agreed to the fight or encounter.

No Intent

Criminal assault and battery is not the same as civil assault and battery. If you accidentally harmed someone, this isn’t generally criminal. You must have either recklessly or intentionally caused another bodily harm to face charges.

Negotiating Favorable Plea Deals with County Prosecutors

Numerous aggravating and mitigating factors apply to assault charges in Lexington. The potential criminal penalties of an assault conviction depend on the specific facts of your case, including the level of bodily harm – either great bodily injury or moderate bodily harm – and whether the assault was sexual in nature. Courts also consider the victim’s age, strength, and whether he/she was the aggressor.

In many cases, our experienced Lexington assault and battery attorneys might negotiate favorable plea deals with county solicitors. This often involves dropping the more serious charge, such as aggravated assault, in favor of a lesser included offense. We might also fight to get your charges dismissed if certain constitutional violations occurred during the investigation.

Trusted Lexington Assault Defense Lawyers

Violent criminal convictions, even for simple assault, carry serious public and private consequences. Working with an experienced assault defense attorney at Kinard Law Group is the best option for protecting yourself during criminal proceedings in Lexington, S.C. Call (803) 359-1003 or connect with us online to schedule a confidential case consultation.