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Assault and Battery

South Carolina Assault and Battery Charges

Columbia criminal defense attorney contests accusations of violence

When tempers flare, violence can erupt. The result can be criminal charges for assault and battery against the participants in the fray which can lead to severe penalties. South Carolina assault and battery lawyer Jack B. Swerling has the experience and skill to present an effective defense on your behalf.

What is assault and battery?

While some states make a distinction between assault and battery, South Carolina criminal law combines assault and battery as a single crime involving actual harm to or fear of harm in another person. Assault and battery is defined as causing a nonfatal injury to another person or attempting or threatening to injure another person while having an apparent ability to do so. The degree of assault and battery for which you might be charged depends on such factors as:

  • The severity of the injury, such as whether it caused a substantial risk of death, prolonged loss of consciousness, permanent disfigurement or prolonged loss of bodily function (all of which are classified as great bodily injury)
  • Whether it was accomplished by means likely to produce great bodily injury, whether or not it does so
  • Whether it involved nonconsensual touching of another person’s private parts, either under or above clothing
  • Whether it occurred during the commission of a robbery, burglary, kidnapping or theft

Regardless of the basis or circumstances of the charges against you, Mr. Swerling will provide a strong defense.

Examples of assault and battery

Assault and battery can involve a number of different actions taken against another person, such as:

  • Shooting or stabbing
  • Threatening with a gun or knife
  • Throwing something in someone’s direction
  • Aiming a punch, whether or not it lands
  • Touching someone’s private parts

Whatever the nature and circumstances of your alleged conduct, Mr. Swerling will analyze the strength of the state’s case and represent you zealously.

Sentence for assault and battery charges in South Carolina

The crime of assault and battery is punishable by imprisonment and/or fines. The severity of the sentence depends on the nature and circumstances of the alleged acts. For instance, aggravated assault and battery, which occurs when the victim suffers great bodily injury or the assailant uses means likely to produce death or great bodily injury, is punishable by up to 20 years in prison. Indecent assault and battery, which involves the nonconsensual touching of the victim’s private parts, is punishable by up to 10 years if done with lewd and lascivious intent or, if not, by up to three years and/or a fine of up to $2,500. If you face serious jail time for assault and battery charges, Mr. Swerling may be able to make a deal for a lesser charge or use mitigating factors to obtain a reduced sentence.

Defense strategies for assault and battery charges

There are multiple potential defenses to assault and battery charges, including the following:

  • Lack of intent to injure
  • Self-defense
  • The “stand your ground” law
  • Lack of injury to the alleged victim
  • Less serious conduct than alleged

Mr. Swerling will raise any appropriate defense that can potentially lead to an acquittal or to downgrading the offense and/or reducing the sentence.

Contact a dedicated South Carolina criminal assault and battery attorney

Jack B. Swerling, Attorney at Law, in Columbia, provides capable and effective defense to assault and battery charges faced by defendants throughout South Carolina. Call 800-701-0599 or contact him online for a consultation.

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  • Columbia Office
    1720 Main St
    Columbia, South Carolina 29201-2850
    Phone: (803) 765-2626
    Fax: 803-799-4059
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Jack Swerling In The News >>

  • Jack Swerling, Derrick Mobley and Alissa Wilson were successful in having a Judge rule after an extensive hearing, that the defendant was immune from prosecution based on the “Stand Your Ground” law in a murder prosecution. The Judgment was handed down on March 29, 2021.
  • Jack Swerling, Gregory Harris and Alissa Wilson obtained a Not Guilty Verdict in Lexington County on March 3, 2022. An Orthopedic Surgeon was charged with Involuntary Manslaughter in the accidental shooting death of a friend.
  • “When Jack is on my docket, I tell my law clerks, ‘You do not want to miss this. You are seeing one of the greatest trial lawyers in the state’s history.'” -South Carolina Circuit Court Judge
  • Jack was selected to Super Lawyers Magazine Top Ten List for 2019. Each year Super Lawyers recognizes the top lawyers in South Carolina via a selection process involving peer evaluations, independent research and professional achievement. The South Carolina lawyers who receive the highest points during this selection process are further recognized in the South Carolina Super Lawyers Top Ten List.
  • USA v. FRANK*: In a child pornography case, Swerling was successful in obtaining a 22 level variance reducing the defendant’s sentence from 8 years to 6 months.
  • STATE v. BORIS: The defendant was found not guilty by reason of insanity in a case where the defendant was involved in a shoot-out with 3 police officers.
  • STATE v. TYGER: Jack Swerling obtains a not guilty verdict in a criminal sexual conduct case in Beaufort County.
  • Pre Trial Dispositions: STATE v. DWAYNE: Mr. Swerling successfully argued for the dismissal of stalking and unlawful use of telephone charges brought against a prominent businessman in Florence County.
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