Aggravated assault charges involve the attempt or actual infliction of serious bodily injury on an individual and are serious criminal allegations.
In the state of South Carolina, aggravated assault is a felony offense and can carry severe penalties.
South Carolina Law: When You Use a Deadly Weapon
Under South Carolina law, aggravated assault also occurs when a person unlawfully and intentionally causes bodily injury to another person using a deadly weapon.
Common examples of deadly weapons include:
- Firearms
- Knives
- Clubs or other blunt objects
- Tools
- Dangerous chemicals
Aggravated assault charges can also apply if the victim is a law enforcement officer or any type of public official who is performing their duties at the time of the assault.
Penalties for Aggravated Assault
The penalties for an aggravated assault conviction in South Carolina can include:
- Significant monetary fines
- Incarceration for up to 20 years
- Probation
- Mandated community service
Additionally, a conviction for aggravated assault can have long-lasting consequences. Those found guilty will carry a criminal record that can affect future employment opportunities, housing options, federal aid eligibility, running for public office, or even voting.
If you are facing aggravated assault charges, it is critical to secure the services of an experienced criminal defense attorney. A legal professional can help protect your legal rights and work to achieve the best possible outcome for your case.
How long does an aggravated assault case take?
The duration of an aggravated assault case can vary depending on several factors. The specific circumstances of the incident will differ from case to case.
Important circumstantial factors in these cases include:
- The legal complexity of the case
- The evidence available or presented
- The jurisdiction in which the case is proceeding
- The legal strategies used by the defense and prosecution
The Arraignment
Usually, aggravated assault cases can last from a few months to several years. The initial phase of the case involves the arrest and booking of the defendant. This phase is followed by an arraignment.
At the arraignment, the charges are read, and the defendant enters a plea. This may take a few weeks or months. The next phase is the pretrial, which involves:
- Gathering evidence
- Notifying witnesses
- Filing motions
- Negotiating plea bargains
This phase can last several months. In some instances, it may last a year or more.
If the Case Goes to Trial
If a plea bargain is not reached, the case proceeds to trial. The length of the trial will depend on the complexity of the case, the number of witnesses, and the amount of evidence presented. Trials can last anywhere from a few days to several weeks.
Sentencing: What Happens Next?
If the defendant is convicted, the case proceeds to sentencing. The length of this phase can vary depending on the jurisdiction and the conditions of the case. In some cases, the sentencing is held immediately after the trial. In other instances, the sentencing process may be delayed for weeks or months.
If the defendant is acquitted or the charges are dropped, the case is closed. But if the defendant is found guilty, they may be able to appeal the verdict. The appeals process can take several months to several years.
It is critical to speak with a legal professional regarding the specifics of your case. This will give you the best chance of securing a positive outcome.
Contact a Criminal Defense Attorney
The duration of an aggravated assault case may vary depending on a wide range of factors. If you have been accused of aggravated assault and need to speak to a professional about your legal options, reach out to a criminal defense lawyer in Spartanburg, South Carolina, by calling the Law Office of Mo Abusaft today.