Assault can be:
- The threat of violence or the physical attack of another person – whether any injury is caused or not.
- Actual physical contact and the clear intent to cause bodily harm.
The perpetrator of the crime must have the ability and means to carry out his threat thereby making the victim’s fear valid. No actual injury is required to bring a charge.
Battery is the intentional and offensive physical contact with a person who has not given his permission to be touched, even if force is not used.
Assault and battery charges are usually combined as a single crime in almost every jurisdiction in the United States.
Virginia Assault Law:
Simple Assault is a Class 1 misdemeanor that is punishable by up to a year in jail and a $2,500 fine.
Class 6 Felony – If a person intentionally selects the person to assault because of his race, religious conviction, color or national origin and causes bodily injury the perpetrator can be found guilty of a Class 6 felony. The penalty will include confinement in jail for up to six months, (30 days in jail would be a mandatory minimum term of confinement).
South Carolina Assault Law:
The crime is separated into degrees. The severity of the crime and its ultimate consequences to a victim determine the charge.
3rd Degree -“Simple Assault” is a misdemeanor with a penalty of up to 30 days in jail and/or a fine up to $500. Common examples are: shoving, slapping, hair, grabbing or spitting.
2nd Degree Assault is a misdemeanor that carries a penalty of up to 3 years in jail and/or a fine up to $2,500. Common examples are attacks that cause moderate bodily harm like loss of consciousness, fractures, black eyes, and bloody noses.
1st Degree Assault is a felony punishable by up to 10 years in prison.
Sexual contact with another person without their consent is considered sexual assault. This includes forcing a person to engage in sexual intercourse, to touch the perpetrator in a sexual manor, or the forceful penetration of the victim with any object.
Assault with a Deadly Weapon
This is physical attack that is committed by using a weapon to cause serious injury or death. Weapons could include: a gun, knife, car, boot or any other object used.
A felony charge results when serious bodily harm is done to the victim. Felonies by degree may include the following, though the exact list varies from state to state:
- First-degree felony: murder, rape, kidnapping, arson, fraud
- Second-degree felony: aggravated assault, felony assault, arson, manslaughter, possession of a controlled substance, child molestation
If you have been charged with assault in South Carolina or Virginia, do not hesitate to call Haley Law Firm, LLC. An experienced attorney will take your case and help to protect your rights regardless of the circumstances. Call today!