An assault charge may leave you with more questions than answers. What happens after? Can you get arrested for that? Can the charge be contested? A South Carolina Assault Lawyer can assist you in understanding your rights and developing a defense based on the facts. A strong defense doesn’t begin with guessing. That begins with meticulous study, clear facts and a close look at the state’s case. Dayne Phillips is a criminal defense attorney with South Carolina Criminal Law. He represents clients facing felony and minor offenses across the state of South Carolina. His charges include firearms, theft, guns, drugs, solicitation, sex crimes, DUI, domestic abuse and traffic violations. Okay, so what exactly does a lawyer do when they get an assault case? Often, these basic steps begin the process.
Step 1: Find out what actually happened
Every defense begins with your version of events. And a lawyer will ask you what happened before, during and after the alleged assault. This talk may have little details that at first may seem not relevant. Who was there? Who started the fight? Anybody drinking? Someone threatens you? Were there any injuries? These are important questions since police reports may not tell the full story. The lawyer wants the real story. Do not omit out facts because they are embarrassing or perplexing. Your lawyer wants the good facts, the bad facts. That gives them an advantage to organize your defense without surprises later.
Step 2: Check the Exact Charge
Not all assault charges in South Carolina are punishable by the same sentence. South Carolina law recognizes varying degrees of assault and battery. The charge will be based on the claimed action and the extent of injury. For example third degree assault and battery is a criminal offense. First degree assault and battery is a crime. ABHAN, or assault and battery of a high and aggravated nature, is generally punishable by heavy felony charges. The actual charge numbers. The lawyer will look at the charging paperwork and compare it to the facts. Is there actually proof for that amount of charge? That’s a good question. Sometimes the specifics don’t add up neatly to the charge.
Step 3: Collect the Evidence
Police reports are only part of the story. The defense lawyer may collect photos, medical data, videos, communications, phone records and witness statements. They also can hear 911 calls or other records about the occurrence. Security cameras can be very handy. It may be a brief film of an argument that turns physical. Text messages might be important too. They can show threats, plans or conversations that help explain what happened. Do you know what? In criminal cases, small details carry a lot of weight. The lawyer checks over the details.
Step 4: Look for the Witnesses
Witnesses are the key to every assault case. A lawyer might call witnesses to the incident, or to the circumstances of the incident. They may support your story or cast doubt on the state’s story. But witnesses are not always ideal. Different people remember traumatic events differently. One person might attend the debate. Another could recall the physical encounter. The third person might have witnessed only the last few seconds. Your lawyer can look at those accounts and check for conflicts. If two witnesses give extremely different stories, the disparity could be important at trial.
Step 5: Consider Self-Defense
Some assault instances are self defense. South Carolina law recognizes the right to legitimate self-defense in some circumstances. But you’ve got to have the evidence behind it. The lawyer is going to look at the threat, the amount of force employed, and what happened before the confrontation. Did someone hit you first? You were trying to get away? Did the other person actually threaten? These questions can be game changers. Also need to be careful with the self-defense claim. Don’t think that the statement ‘I was protecting myself’ will end the charge. The whole narrative counts.
Step 6: Examine the State’s Case for Problems
A defense lawyer does not merely collect beneficial evidence. They also look for vulnerabilities. A witness may have recanted. Maybe the police report omits important facts. Perhaps the injury is not the correct charge. There can be doubts as to how the evidence was obtained as well. Each issue merits careful scrutiny. Criminal cases are based on evidence. Your lawyer can raise the issues if the key evidence is poor, confusing or disputed. This is not to say that it is dismissed or acquitted. It does give the defense something to go with.
Step 7: Develop a Realistic Defense Plan
Once the lawyer knows the facts, he may prepare his next action. That plan could include negotiations, motions, trial preparation, or all of the above. Sometimes you may have to speak with the prosecutor. The facts may support a lesser charge or a different result. Other cases require a more robust trial approach. Your lawyer should discuss your options with you in straightforward English. You shouldn’t have to sit there and nod away as legal jargon whiz over your head. Ask questions. Demand a straight answer. Your case is your life so you should comprehend the plan.
Step 8: Getting Ready for Court
Court preparation goes beyond just making an appearance on the correct date. Your lawyer can prepare witnesses, assess the evidence, analyze the state’s case and develop arguments. They may also discuss what to expect at hearings or trial. Being prepared might relieve some of the load on your shoulders. But don’t assume all cases are alike. New facts can come to light and affect criminal prosecutions. The good defense will attend to what happens in court.
Why Early Legal Assistance Can Matter
Assault charges can move rapidly. Vital evidence could be lost. Memories fade. Witnesses are difficult to come by. You can also lose messages and videos. That’s why getting a lawyer involved early can assist. Dayne Phillips has secured multiple not-guilty judgments for clients charged with misdemeanors and felonies in South Carolina Criminal Law. He has also been recognized a “Rising Star” by Super Lawyers in 2017 and 2018 for his work defending clients against charges including unauthorized carrying, DUI, domestic abuse and traffic infractions. Phillips is also president of the South Carolina Association of Criminal Defense Lawyers. Clients are provided a defense lawyer who knows the pressure these charges can cause, with experience in various types of criminal cases.
Don’t Guess Your Way to the Charge
Getting charged with an assault can be a very stressful and emotional experience. You can be upset or anxious or not sure who to trust. Take a breather. Then stick to the facts. Never discuss your situation lightly with anyone. Do not post anything about the incident online. Keep all court papers and comply with any terms of release. Most importantly acquire legal guidance before you make any big decision concerning your case. A South Carolina Criminal Defense Lawyer can look at the charge, look at the evidence, and tell you what your legal alternatives are. It’s not making a promise of a specific result. It is to put up the best defense the facts will permit.
Frequently Asked Questions
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When an assault lawyer gets a case, the first thing he or she does is investigate.
The lawyer will generally listen to your side of the story and also look at the particular accusation. They look at reports, evidence, witnesses, injuries and viable defenses.
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Is a lawyer allowed to introduce video evidence in an assault case?
Yes. Security camera footage, phone video or other video may help reveal what happened. Your lawyer can study the film and compare it with the statements of the witnesses.
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Is self-defense a defense to assault in South Carolina?
Or the way the facts align with South Carolina’s guidelines for justified self-defense. Your lawyer will examine the danger, the force employed and the events that led up to the occurrence.
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Will every assault case in South Carolina go to trial?
No. Some cases may be resolved through discussions or other legal actions. The right way to go relies upon the charge, the proof, the criminal history and the facts.
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When Should You Hire a South Carolina Assault Attorney?
As soon as you’re arrested or charged, get a lawyer’s opinion. Early legal review provides your lawyer with additional time to preserve evidence, evaluate witnesses and prepare your defense.
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