Facing an assault charge in Greenville can feel overwhelming, whether the incident stemmed from a heated moment with a partner or a misunderstanding in public. The steps you take immediately afterward can significantly shape your case and your future. Speaking with our experienced defense lawyers can help you understand your rights, avoid common mistakes, and begin building a strong defense as early as possible.
Exercise Your Rights
Assaults in South Carolina often stem from serious misunderstandings. Although you might feel tempted to explain yourself to police officers at the scene, remaining silent is usually the most logical choice. In the heat of the moment, you could say things that you later regret. These statements may also provide prosecutors with evidence to convict you. One of the best parts of living in the United States is the right to invoke the Fifth Amendment.
Under this constitutional law, no court can interpret your silence as a sign of guilt. Once you inform arresting officers that you wish to invoke your right to remain silent, they must cease questioning you. From there, you can also invoke your right to an attorney. Within a reasonable amount of time after your arrest, the authorities must give you a chance to meet with a criminal defense attorney.
Understand Your Charges
Assault charges can be confusing in South Carolina. During your first meeting with a defense attorney, you can discuss the specifics of your situation. Make sure you thoroughly understand the nature of your charges and their potential penalties under South Carolina law. With a greater understanding of your situation, it should be easier to defend yourself.
One of the most confusing aspects of these laws is the distinction between assault and battery. While many states treat these as two separate offenses, South Carolina has merged them into a single crime. Assault is the attempt to cause harm, whereas battery represents a successful attempt to cause harm.
If you make a minor threat or cause minor harm, you could face charges of “simple assault” and up to 30 days in jail. More serious threats (perhaps involving deadly weapons) and significant bodily harm can lead to up to 10 years in prison. Once you understand the seriousness of your charges, you can respond with effective defense strategies.
Decide Whether to Plead Guilty or Not Guilty
Another essential step you will need to take after facing an assault charge is whether to plead guilty or not guilty. If you plead guilty, you may be able to pursue a plea deal with more lenient penalties. If you plead not guilty, your case could proceed to trial. During this trial, you have a chance of acquittal. If you achieve this goal, you will face no legal consequences.
Can a Criminal Defense Lawyer in South Carolina Help With Assault Charges?
Our experienced defense attorneys can help you navigate your assault charges. You can complete many essential steps before you even see a lawyer, such as remaining silent and advocating for your rights during your arrest. Learn more by contacting Beasley Tomlinson Law online or by calling 864-712-4282.