1st Degree Assault and Battery
Assault and battery, first degree requires that you caused, or could have caused, great bodily injury to another person. Hi, my name’s Dale Savage and I’m a criminal defense attorney here in Charleston, South Carolina. Today we’re talking about assault and battery, first degree charges in South Carolina.
Assault and Battery Penalties
So what conduct is required to be charged under the statute in this state? Assault and battery, first degree requires that you:
- Unlawfully injured another person, and
- Touched a person’s private parts without consent, either under or above their clothing with lewd or lascivious intent, or
- It happened during the commission of a burglary, kidnapping, robbery, or theft.
You can also be charged if you:
- Offered or attempted to injure another person, and
- Had the present ability to do so, and
- It is accomplished by means likely to cause death or great bodily injury, or
- It occurred during the commission of a robbery, kidnapping, burglary, or theft.
It is a felony offense, and carries up to 10 years in prison. The severity of the injury is what drives this charge to be a felony.
Great Bodily Injury
So what does great bodily injury mean? Great bodily injury occurs when there’s an injury which causes a substantial risk of death, or an injury which causes serious permanent disfigurement, or loss or impairment of the function of a member or organ of your body. Similar to assault and battery, second degree charges, the defenses in these cases typically evolve around either self-defense or a misidentification, meaning that it wasn’t you.
Good defense attorneys know that you need to conduct a thorough investigation to establish any alibi defenses that you may have, or to challenge any of the state’s forensic evidence that they may have, such as DNA evidence, that they’re using to link you to the crime. Because of the serious nature of these charges being a 10-year felony, the state is going to prosecute these cases to the full extent of the law if they can. That’s why it’s vital that you establish a defense in your case when you’re facing these charges.
Charleston, SC Criminal Defense Attorney
So if you’re facing assault and battery, first degree charges and would like to discuss your options, please give me a call at (843) 530-7813. I hope this video was helpful, and thanks for watching.