Can I Get Probation for Assault?
With hundreds of thousands of assault cases occurring each year, assault is a serious offense that carries significant penalties. In many situations, an assault conviction will result in imprisonment and fines, but in some situations, a person may be eligible for probation. Whether or not you receive probation depends on your prior criminal history, the severity of your offense, whether any aggravating circumstances are present, and the judge’s discretion.
In this blog, the Greenville, SC, criminal defense lawyers at Ryan Beasley Law discuss what you need to know about assault charges in the Palmetto State and the factors that determine probation eligibility.
Assault Charges in South Carolina
South Carolina divides assault charges into two types: simple assault and aggravated assault.
Simple Assault
Simple assault occurs when a person unlawfully attacks another without a weapon, causing bodily harm. It is important to know that assault and battery are often charged together since assault is causing someone to fear physical harm (the threat), while battery is the nonconsensual touching. Simple assault can be charged as first-degree, second-degree, or third-degree assault and battery. Let us discuss the differences:
- Assault and battery in the first degree: You may be charged with assault and battery in the first degree if the act is likely to cause the victim great bodily injury or death, or if it was performed during the commission of a burglary, kidnapping, or theft. Nonconsensual touching can also result in being charged with assault and battery in the first degree. First-degree assault and battery is a felony offense, punishable by up to ten years in prison.
- Assault and battery in the second degree: Assault and battery in the second degree is a misdemeanor offense. You may be facing this charge if you touch another person without their consent, causing moderate bodily injury or potentially causing moderate bodily injury. Nonconsensual touching may also result in a second-degree assault and battery charge. A conviction carries a maximum fine of $2,500 and three years in prison.
- Assault and battery in the third degree: If you unlawfully injure another person, you may be charged with third-degree assault and battery. A conviction comes with the potential for 30 days in jail and a $500 fine.
Aggravated Assault
Known as assault and battery of a high and aggravated nature, SC Code §16-3-600(B)(1) defines this offense as causing another person great bodily injury or an act that is likely to cause great bodily injury. If convicted, you may be imprisoned for up to 20 years.
Will I Get Probation or Jail Time for Assault in South Carolina?
If you have been charged with assault, you may be eligible for probation in a few circumstances. Factors that will increase your chances of receiving probation include if it is your first offense, if the victim experienced only minor or no injuries, and if no other aggravating factors exist.
Aggravating factors in an assault case may involve the victim being a minor, the use of a deadly weapon, or the assault being committed during the commission of a felony. If none of these factors exist, then the judge is more likely to grant probation. However, this is entirely up to the court’s discretion.
If you have been charged with assault, it is important that you work with a Greenville, SC, criminal defense lawyer who can assess your case and review your options. At Ryan Beasley Law, our legal team is dedicated to helping individuals avoid prison time, advocating for alternative options such as probation. Our criminal defense team will show the court your efforts toward rehabilitation and how probation is in your best interest.
Ready to Get Started? Speak with Our Greenville, SC, Criminal Defense Attorneys Today
If you have been accused of assault, you need an experienced legal advocate who can help you secure a more lenient sentence or serve your sentence outside prison. At Ryan Beasley Law, our Greenville, SC, criminal defense lawyers have helped numerous individuals protect their interests. While probation may be possible for an assault charge, you need the right representation by your side. If you would like to arrange your consultation with a member of our legal team, our office can be reached online or by calling (864) 756-4204.