Greenville, SC Assault & Battery Lawyers

Criminal Defense Attorneys in Greenville

Assault and battery charges can turn your life upside down. Whether the incident arose from a misunderstanding or resulted from self-defense, you face serious charges.

In South Carolina, assault and battery charges carry significant penalties, including potential jail time, hefty fines, and a criminal record that can follow you for the rest of your life.

A Greenville, SC assault and battery lawyer with Fedalei & Reid Law LLC will ensure you understand your rights and legal options. We'll also work to implement an effective defense strategy so you can achieve the best possible result in your case.

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Why Choose Fedalei & Reid Law LLC for Your Assault and Battery Defense

When facing assault and battery charges in Greenville, you need a defense team that's committed to protecting your rights. Fedalei & Reid Law LLC understands how serious these charges are and the impact they can have on your life.

Our criminal defense attorneys will fight aggressively on your behalf, protecting your constitutional rights and working to get the charges reduced or dismissed altogether.

What sets Fedalei & Reid apart is our client-centered approach. Every Greenville, SC assault and battery lawyer on our staff understands that every case is unique. We'll take the time to listen to your side of the story, investigate the circumstances, and develop a strategy tailored to your situation.

You won't feel like just another case file when you work with us. You'll have a defense team that's dedicated to you.

We have a team of skilled, compassionate criminal defense attorneys ready to help. We'll make sure your voice is heard and provide the best representation we can.

We're Standing By to Help

Come visit us at our Greenville office at 600 East North Street, Suite 103. We're just south of the intersection of East North Street and Manly Street, across from the Bon Secours Wellness Arena. Call us at (864) 668-1661 for your free consultation.

In addition to our thorough legal approach, Fedalei & Reid offers clear communication every step of the way. We'll inform you about the progress of your case so you're never left wondering what's happening.

Our criminal defense attorneys are also skilled negotiators and litigators, so you'll have strong representation whether your case is resolved through a plea deal or goes to trial.

Assault and battery charges can carry life-altering consequences, but with Fedalei & Reid, you'll have a defense team working to protect your future.

Different Levels of Assault and Battery in South Carolina

South Carolina law defines four distinct categories of assault and battery charges. The following is a brief look at each and their potential penalties.

Assault and Battery of a High and Aggravated Nature (ABHAN)

ABHAN is the most severe form of assault and battery in South Carolina. This charge is applied when an assault or battery causes serious bodily injury or when there's an extreme disregard for human life. ABHAN is a felony, and a conviction can result in up to 20 years in prison.

Assault and Battery First Degree

First-degree assault and battery occurs when someone injures another person while attempting to commit a serious crime such as robbery or kidnapping. You can also face these charges if the assault involves the use of a deadly weapon or occurs while the victim is incapacitated or unable to defend themselves.

First-degree assault and battery is also a felony, with potential penalties of up to 10 years in prison.

Assault and Battery Second Degree

Second-degree assault and battery charges are applied when moderate bodily harm results from the altercation or if the victim was touched inappropriately in a sexual manner without consent.

This crime is considered a misdemeanor, but the penalties are still serious. A conviction can lead to up to three years in prison and a $2,500 fine.

Assault and Battery Third Degree

Also known as simple assault, third-degree assault and battery is the least severe form of the charge. It occurs when someone unlawfully touches another person with the intent to harm or threatens harm but does not cause significant injury. 

While it's a misdemeanor, a conviction can still result in up to 30 days in jail and a $500 fine.

Potential Defenses Against Assault and Battery Charges

When facing assault and battery charges, how you approach your defense can significantly affect your case's outcome. Several defenses may apply, depending on the situation.

A Greenville, SC assault and battery lawyer will work with you to build the best defense for your circumstances.

Self-Defense

Self-defense is one of the most frequently used defenses in assault and battery cases. If someone attacked you first or you reasonably believed you were in immediate danger, you can justify using force to protect yourself.

South Carolina law allows you to defend yourself or others, but the key is that the force used must be proportionate to the threat. You can't use excessive force. You can only use enough to stop the immediate harm.

Defense of Others

Like self-defense, you can claim you were defending another person from harm. If someone else was threatened, and you stepped in to protect them, the law may justify your actions as long as the force you used matched the threat level. In this case, defending another person becomes a valid legal defense against assault and battery charges.

Defense of Property

In some situations, you may have been acting to protect your property. South Carolina law permits individuals to use force to defend their home or personal belongings, but this defense typically applies in specific scenarios like preventing a break-in. You may only use reasonable force under the circumstances.

Consent

You can sometimes use consent as a defense if both parties willingly agreed to the physical altercation – such as in a mutual fight. While this defense doesn’t always succeed, it can reduce charges if you can show that the other party consented to the confrontation.

Lack of Intent

Assault and battery charges often rely on proving that you intended to cause harm. If you can show that the contact was accidental and not meant to harm the other person, this can serve as a valid defense.

The Impact of Assault and Battery Convictions on Your Life

A conviction for assault and battery in South Carolina can have long-lasting consequences that go beyond just jail time and fines. The criminal record that comes with a conviction can affect many areas of your life, including employment opportunities, housing, and even your relationships.

Employment

Many employers conduct background checks as part of the hiring process, and a criminal record for assault and battery can make it difficult to find a job. Even if the charge is a misdemeanor, it can still raise red flags for potential employers, particularly if the job involves working with the public or handling sensitive information.

Housing

Like employers, landlords also often perform background checks. A conviction can make renting an apartment or house more difficult, as many landlords view individuals with criminal records as risky tenants.

Personal Relationships

An assault and battery conviction can strain personal relationships, particularly if the incident involved someone you know. Friends and family may view you differently, and the stress of legal proceedings and potential jail time can take a toll on those closest to you.

Assault and Battery: Felony vs. Misdemeanor

The severity of your charge plays a big role in determining your penalties if convicted.

If you face a felony assault and battery charge, the stakes are much higher. Felony convictions often come with longer prison sentences and higher fines. A felony conviction can also limit your rights in other ways, such as your ability to vote or own firearms.

On the other hand, a misdemeanor conviction, while still serious, comes with lighter penalties.

Misdemeanor charges typically result in shorter jail sentences, smaller fines, and less stigma in the long term. However, even a misdemeanor conviction for assault and battery can negatively impact your life.

Why You Need a Strong Legal Defense

When you face assault and battery charges, the prosecution will likely push for the harshest penalties available. Prosecutors aim to secure a conviction. Even if the evidence isn't solid, they may build a case that portrays you as guilty. This is why having a strong legal defense from the start is so important.

Your defense isn't just about disputing the charges; it's about ensuring your rights are protected every step of the way. A Greenville, SC assault and battery lawyer will take immediate action to uncover the facts of your case, review all available evidence, and challenge the prosecution's arguments.

A well-crafted legal defense can make the difference between a conviction and reduced charges or even an acquittal.

Your lawyer will approach your defense with strategies designed to discredit weak evidence, identify inconsistencies in the prosecution's case, and offer alternative explanations for the incident. By building a defense early, your lawyer can address potential challenges head-on, improving your chances of a favorable outcome.

The Role of Evidence in Assault and Battery Cases

Evidence is central to both the prosecution and the defense in assault and battery cases. Prosecutors will try to use witness statements, physical evidence, and even surveillance footage to create a case against you. However, your defense can use the same types of evidence to your advantage. The following are some examples.

Witness Statements

Witness statements are often key pieces of evidence for the prosecution. However, witness testimony isn't always reliable.

Witnesses often don't see the full incident or may misinterpret what happened, or their biases may color their testimony.

Your Greenville, SC assault and battery lawyer will challenge the credibility of any witnesses whose statements don't align with the facts or who have questionable motives.

Physical Evidence

Physical evidence is another important factor in assault and battery cases. This evidence can include medical records, photographs of injuries, or objects allegedly used in the altercation.

A strong defense will examine the evidence closely to identify any inconsistencies. For instance, if the prosecution claims you caused significant injuries, but the medical evidence doesn't support that, your lawyer will highlight the discrepancy.

Surveillance Footage

Surveillance footage, if available, can either help or hurt your case. Your attorney will review any video evidence to determine whether it supports your version of events. In some cases, footage may show that the incident didn't happen the way the prosecution claims, providing a key piece of defense evidence.

Ultimately, your criminal defense lawyer will use the evidence to challenge the prosecution's narrative and present a clearer picture of what happened. By carefully examining witness statements, physical evidence, and surveillance footage, your lawyer will build a defense that casts doubt on the prosecution's case and gives you the best chance for a favorable outcome.

How Assault and Battery Cases Are Resolved

Assault and battery cases in Greenville can resolve in various ways, depending on the evidence and circumstances of your case.

You may negotiate a plea deal with the prosecutor in some situations. This agreement means you will plead guilty to a lower-level charge in exchange for a reduced sentence.

While this isn't always the best option, it can sometimes help you avoid the risk of a harsher sentence at trial.

In other cases, taking the case to trial may be the best action. A trial allows you to present your defense to a jury, who will decide whether or not you're guilty. If the prosecution's evidence is weak or unreliable, a trial may give you the best chance at an acquittal.

Whatever route your case takes, having a Greenville, SC assault and battery lawyer on your side ensures that you're not navigating the legal system alone. You'll have someone fighting for your rights and working to achieve the best possible outcome.

The Importance of Acting Quickly

One mistake many people make when facing assault and battery charges is waiting too long to seek legal help. The sooner you get a lawyer involved, the better your chances of building a strong defense.

Evidence can disappear or people can tamper with it, and witnesses' memories can fade. Acting quickly allows your lawyer to investigate the case, gather evidence, and build a strategy to protect your future.

Call A Greenville, SC Assault and Battery Attorney Today

Please schedule a free consultation with a skilled, experienced Greenville, SC criminal defense attorney by calling Fedalei & Reid at (864) 668-1661 or contacting us online.