Consider the facts of the matter. Maybe you lost your temper, and things got out of hand. Perhaps you felt threatened, and you were simply standing up for yourself. It could be that person had it coming because he or she crossed you for the last time.
No matter how the situation escalated, it ended with you being arrested for assault and battery charges in Charleston, SC. Now your life is about to get turned upside down. You’re facing possible jail time, and that’s just the beginning. Right now, you just wish there was some way to make things right and put this all behind you. But you don’t know where to start.
Well, first things first, you need an experienced lawyer who has navigated the criminal justice system in Charleston, SC for over three decades. You may not want to leave your freedom–your future–in the hands of an attorney who lacks extensive experience in criminal defense.
“I’m one of only seven board certified criminal law specialists in South Carolina” – Timothy Kulp
You need an assault & battery lawyer who will:
- Protect your rights at every stage of the case until conclusion of the matter
- Fight the charges you’re facing
- Minimize the fallout
- Preserve your reputation
Fines & penalties for assault and battery in Charleston, SC
Simply put, an assault is an offer to do harm to another with the present means of accomplishing that threat. Thus, balling up your fist and holding it up to another as you yell, “I am going to hit you,” is an assault.
Battery is the unlawful touching of another without permission whether injury results or not.
There can be an assault without a battery. There can be a battery without an assault. And there can be an assault and battery.
As with any crime, the consequences vary depending on the severity of the assault and battery and the circumstances of the crime.
Crimes of assault and battery were restructured by our legislature in the past few years. Prior to this, assault and battery charges were simple assault, aggravated assault and assault (or assault and battery) with intent to kill.
Assault and Battery of a High and Aggravated Nature (ABHAN)
This is the most serious type of assault and battery charge. ABHAN charges are brought when the victim suffers great bodily harm or injuries likely to cause permanent disfigurement or death.
The penalty for this crime is up to 20 years in prison. With the maximum possible sentence being 20 years, SC law provides that a person convicted of this offense must serve 85% of the sentence before being eligible to seek parole.
Assault & Battery – 1st Degree
First degree assault and battery is a felony charge. A crime falls into this category if it meets certain conditions:
1) Results in injury to the victim and
- involves lewd, non-consensual touching of genitals, or
- happened while committing a theft, robbery, burglary or kidnapping.
2) Includes assault without battery or physical contact that
- would likely have caused great bodily harm or death, or
- happened while committing a theft, robbery, burglary or kidnapping.
The penalty for this crime is up to 10 years in prison.
Assault & Battery – 2nd Degree
Second degree assault and battery results when the victim suffers moderate bodily injury that requires medical treatment or if they could have suffered that type of injury. This offense also includes non-consensual touching of the genitals.
This is a misdemeanor, punishable in General Sessions Court. The penalty is up to three years in prison and/or a fine of $2500.
Assault & Battery – 3rd Degree
Previously known as common law simple assault or simple assault and battery, third degree assault and battery is threats, touching or both where the accused injures or attempts to injure another person and the victim suffers less than moderate bodily injury.
Assault and battery third degree is a misdemeanor, punishable by a sentence of up to 30 days in jail and/or a fine of $500.
Tim Kulp has represented hundreds of people accused of all levels of assault and battery over the last thirty years in Charleston and other areas of South Carolina as well. Former clients recommend our firm to others because we have the know-how and experience to offer effective representation under the facts and circumstances of each case and the law that applies.
The fact is this: Timothy Kulp has first-hand work experience in all aspects of the criminal justice system. He’s worked as an FBI special agent, a judge, a prosecutor and now as a criminal defense attorney. South Carolina’s Rules of Professional Responsibility provides that an attorney is permitted to distinguish himself from others if he can substantiate that which he suggests separates him from other attorneys. Over thirty-five years of multifaceted experiences in criminal law, and board certification provides distinction.
You want a lawyer who truly cares what happens to you
- We are here for you. We know life doesn’t have office hours, so we make ourselves available for our clients when we are needed.
- We get to know you. We feel that effective representation requires attention to details-about you and about your case.
- We tell it like it is. We don’t sugarcoat the facts. You deserve a realistic assessment of your case so you’ll know what to expect. We treat clients as we would want to be treated if we were on the other side of lawyer’s desk. It is the right thing to do and what works best.
Have no doubt, if you’ve been charged with any type or degree of assault and battery in Charleston, SC, or anywhere in South Carolina, you owe it to yourself to consider consulting with an experienced criminal defense lawyer who will go above and beyond to defend you.
The Man for the Job
“ The best phone call that I have ever placed was to Tim Kulp. After going to a concert, at which I had 2 drinks, I accidentally ran a red turn signal. I blew under, and figured I could get out of the DUI myself. 2 days before the court date, I got nervous, and luckily I called Mr. Kulp. This decision saved me thousands of dollars, put me at ease and saved me from the embarrassment that comes with being convicted of a crime. People who you genuinely trust only come along a few times in a lifetime. Attorney Kulp is one of these people in my life. And if you may ever need it, I have full confidence that Tim will able to take care of a bad moment in your life. If you’re in the Charleston area, just got into a little trouble with the police, I urge you to STOP your search for a lawyer now. Save your time, and your record, call Tim Kulp. He will do the best job an attorney can do. Mr. Kulp, Austin & the rest of your staff, with the utmost sincerity, thank you- Adam. “
“ I was out of state and needed a local attorney. I was referred to Mr. Kulp. I was concerned because I did not know him, nor his ability. I can say without reservations, he is an outstanding attorney. He explains things well, makes you feel like you are the only case he is working on, very responsive, and works hard for you! I was very pleased with my outcome. If you need a good attorney, don’t take any chances by not choosing him! “
Great Attorney, Great Results
“ Mr. Kulp did a great job on my case. He was very response to me by email and really took care of me. I know he has handled all kinds of cases and has 30+ years of experience and it really showed with my case. His knowledge of the law and experience in Charleston really made the difference for me. I would absolutely recommend him to anyone I know. “
* The Rules of Professional Conduct require disclosure that this is a “Testimonial” about the attorney. Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
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