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Moncks Corner Legal Issues Blog

Blog Posts - Assault crimes

5 degrees of assault in South Carolina

In South Carolina, assault is a serious crime that involves actions causing fear or the threat of physical harm to another person. South Carolina law distinguishes between assault and battery. Assault is when someone tries to harm or scare another…

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FAQ about domestic violence in South Carolina

Unfortunately, domestic violence is a serious and common issue in South Carolina. The South Carolina Coalition Against Domestic Violence and Sexual Assault reports that almost 32,000 people suffered domestic violence in 2022. It can happen to anyone, regardless of age,…

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What is the castle doctrine in South Carolina?

When it comes to protecting yourself and your property in South Carolina, one crucial legal concept comes into play: the castle doctrine. This doctrine, with roots in English common law, establishes the right to use force, including deadly force, to…

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4 unlawful firearm charges and assault in South Carolina

Anytime someone faces assault allegations, there is a risk for the courts to upgrade those charges on account of outstanding factors. One of those factors is unlawful weapons charges. It is important to understand South Carolina’s unlawful weapons charges in…

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Understanding assault charges and their penalties

Assault refers to attempting to cause, or causing, physical harm to another individual. A person can face assault charges even if there was no physical contact and resulting injuries. Because the level of damage can vary, there are different types…

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Are assault and battery different crimes?

The phrase you are under arrest for assault and battery is the bread and butter of many crime dramas. However, many people are unaware of the actual definition of assault and battery. The reality is that the definition of assault…

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What to expect after an arrest for assault

If you are facing arrest for assault charges, you may not know what to expect. During the initial hours after arrest, you probably have a lot of confusion and possibly fear. It may help to understand the immediate legal actions…

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What are mitigating circumstances in a murder case?

Sometimes, an accusation of assault can lead to a murder charge, making it even more important that you develop the right defense. In your situation, if the person against whom you face charges for assaulting dies less than three years…

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Is there a difference between assault and battery?

In many states, assault and battery get split into different criminal areas. For example, Texas defines assault as threatening another person with bodily harm, while battery is actual physical contact that results in injury. Before 2012, South Carolina categorized assault…

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Reviewing South Carolina’s self-defense laws

You certainly hope to never become involved in an altercation with another person in Monck’s Corner. That said, there are scenarios where the circumstances of the moment may require you to act forcefully to defend yourself and others. The question…

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Ways to cope with holiday stress and anger

The holiday season is all about family — but that’s not always a good thing. Many people come from dysfunctional families where frustrations, resentments and disputes tend to pile up over the years, creating what can be a toxic —…

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How to recognize and respond to parental abuse

South Carolina residents often hear stories of child abuse, or about instances of domestic violence that involve one partner causing harm to another. However, it is not every day that the news shares stories about parental abuse, which occurs when…

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DNA collection upon arrest

When arrested in South Carolina, individuals may have to provide a DNA sample as part of the routine booking process. This is a highly controversial thing because some feel it is a violation of rights. Specifically, they have concern over…

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Is fighting considered assault?

At one time or another, you may find yourself in a situation where someone challenges you to a fight or involves you in a fight. When this happens in South Carolina, could you face charges of assault? That depends on…

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What is a restraining order?

If you have been physically abused or assaulted by another person in South Carolina, then you have the right to protect yourself legally. One option is to get a restraining order against the person. Under the law, the South Carolina…

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Protecting yourself against sexual assault accusations

The discussion concerning consent and sex has seen a dramatic shift in the past few years. It’s important to know what constitutes consent in today’s world. One study estimates that about one-third of college men do not know what constitutes…

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