Being charged with assault can leave you wondering what happens next. You might be thinking about court, jail, penalties, your future. It can be a bit confusing at first. An assault lawyer in South Carolina can assist you comprehend each phase and prepare for what is to come.Dayne Phillips is a criminal defense attorney at South Carolina Criminal Law that handles felony and misdemeanor cases all around the state of South Carolina. His criminal record includes charges for firearms, theft, guns, drugs, solicitation, sex crimes, DUI, domestic abuse, traffic. So, what can you expect if you face an accusation of assault? So let’s break that down.
The Charge – The Genesis
Your case begins with criminal charges or arrest. South Carolina has a number of assault and battery crimes. The charge level will depend on the facts and the alleged damage. Third degree assault and violence is normally a misdemeanor. Assault and battery in the first degree is a crime. ABHAN, or assault and battery of a high and aggravated character, is considered a grave felony. The particular charge counts . Penalties can vary substantially. Your lawyer will go over the papers charging you and tell you what the state says happened. They will also talk about any fines and your next court date. That first meeting might answer many questions.
Your Attorney Hears Your Story
Police reports don’t always tell the complete story. Your lawyer has to be told by you what transpired. Be honest, even with details that make you uncomfortable. Tell your lawyer about the disagreement, who was engaged and what happened before the alleged attack. Tell us about any injuries, threats, witnesses, texts, recordings or anything else you can remember. Why is this important? Your attorney can’t create a solid defense on missing facts. Little detail can transform the appearance of the case. The first meeting is the laying out of the jigsaw pieces on the table.
Evidence Under Scrutiny
Your lawyer will analyze the state’s evidence. That could include things like police reports, images, medical data, witness accounts, videos, texts and 911 calls. If an incident occurred near a store, home, parking lot or business, security footage can be helpful. The police may not have watched it all on film. But a phone may have. Your lawyer can be looking for gaps or conflicts. Did some witness tell it differently later? Is the injury consistent with the charge? Is the video telling the same thing as the police report? These are the questions of the defense.
Witnesses Could Matter More Than You Think
Different people remember traumatic events differently. One witness may have observed an argument begin. Another may have come later. Others may have heard threats but never seen physical contact. Your lawyer will see what each person is saying. They also might consider whether a witness has a motive to side with one or another. It doesn’t mean the witness is automatically lying. It just gives the defense one more thing to look at. A good criminal defense attorney asks questions. Many of them.
Self-Defense May Be An Issue
Some of the assault instances are self-defense. South Carolina law will recognize legal self defense under certain situations. The context of the threat and the force utilized is important. Your lawyer may say:
- Who initiated the fight?
- Was it an imminent threat?
- You were trying to protect yourself?
- What degree of force did you use?
- What was the situation shortly before the incident?
Don’t assume you can utilize a self-defense claim merely because you were threatened. The facts have to back up the defense. Your lawyer will tell you how South Carolina law affects your circumstance.
Next Come Court Hearings
You may have multiple dates in court. Depends on the allegation and the facts . Some cases go throughout hearings before a final outcome. Others may settle out of court. Your lawyer will explain what each hearing implies. You may not have to say much at each court appearance. That said, you should know where to be, when to show up and what your lawyer expects from you. Avoiding court may result in more legal problems. And keep your court dates in a place you won’t forget.
The Prosecutor also investigates the case
The state has its side of the case. A prosecutor can look at police reports, witness accounts, medical records and other evidence. As the case progresses, your lawyer might speak with the prosecutor. Sometimes talking things through can lead to a lesser charge or other resolution. Other cases require a trial. There’s not a one size fits all for every assault case. Your attorney should discuss options based on the evidence in your situation.
Motions and Legal Issues May Be Filed
Your attorney may file moves when the facts warrant the filing of motions. A motion may request the court to rule on a point of law. For example, the defense may object to some evidence or raise another point related to the case. Not every case requires the same motions. Here is where the knowledge of law comes in. Your lawyer has to understand what problems are worth pressing and why. The idea is not to do paper work for the sake of paper work. Every step should be for a reason.
If Your Case Ends Up in Court
A trial can be a frightening thing. Your lawyer can assist you know what to expect. The state goes first and the defendant has an opportunity to question the prosecution’s evidence. 3. Witnesses shall testify. Evidence can be put forward. Both sides can have their say. It is up to the prosecution to prove the charge beyond a reasonable doubt. Your lawyer will try to challenge the state’s evidence and present the defense’s case. Depending on the facts, this may require asking questions of witnesses, submitting evidence, or creating a legal defense. Never go into trial without a fundamental plan.
What if you get a plea deal?
Some assault cases are resolved through plea negotiations. The plea bargain may be for a lesser charge or any other sentencing result. Possible terms depend on the case, the prosecutor, the court, and other conditions. A lawyer can help explain the offer and the hazards. Don’t take a plea because you’re afraid of a trial. Do not reject one without knowing the prospective ramifications too. First get the information. Then make a decision with a clear mind.
The value of early legal assistance
Assault cases can alter swiftly. Witness memory may fade. Videos can vanish. Messages could be erased. Over time, smaller details may be tougher to prove. Seeking legal advice early gives your lawyer time to explore. Dayne Phillips has secured multiple not guilty verdicts for clients facing felony and minor offenses at South Carolina Criminal Law. He was named a Rising Star by Super Lawyers in 2017 and 2018. His recognition included work opposing allegations of unauthorized carrying, DUI, domestic abuse and traffic offenses. Phillips also is president of the South Carolina Association of Criminal Defense Lawyers. His extensive experience in criminal defense can help clients understand what they are facing and what options they have.
What are you doing right now?
If you are facing charges of assault, be cool and safeguard your rights. Don’t Talk About Your Case on Social Media. Do not contact the alleged victim before speaking to your lawyer. Gather texts, images, videos and any documents related to the event. Adhere to all court orders and terms of release. Then contact a South Carolina Criminal Defense Lawyer to discuss your case. Assault charges are serious, but an accusation is not a conviction. Your lawyer can review the facts, dispute flimsy proof and guide you toward the correct course.
FAQs
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How long do you have to file assault charges in South Carolina?
There is no time limit for each case. How long it takes can depend on the charge, the court’s timetable, the evidence, motions, discussions and if it gets to trial.
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Do I need to attend each court hearing?
That depends on what kind of hearing and what the court tells you. Your lawyer can inform you when you need to be there and what to expect.
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Is it possible to get assault charges reduced in South Carolina?
In some circumstances a reduction can be made. The chances depend on the evidence, extent of injury, charge, criminal record, and conversations with the prosecutor.
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Do I have to talk to the police following an assault arrest?
You have rights after arrest. Before making any statements about the alleged incident, consult with a criminal defense attorney and obey lawful orders of officers.
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What should I bring to my initial meeting with an assault attorney?
Bring your charging papers, court notices, pertinent texts, pictures, videos and any recordings of your case. Write down names of witnesses and significant details, while they are fresh.