Assault and Battery in South Carolina

The law has continued to expand on elements of assault and what constitutes criminal charges for bad behavior. If you’ve been handed an assault charge recently, here are some questions you might have and an idea of what you can expect:

What is assault?

Most people think that assault charges only apply to an aggressive person who was willfully and intentionally injured another person. However, assault charges are broadly applied to any type of behavior that may seem threatening to another individual, such as lifting up a fist to attack them and causing them to flinch. Whether or not you actually come into physical contact with that person, if they feared you might have had the intention to harm them, they may bring charges of assault against you. Other types of assault, such as intoxicated assault, can be applied to intoxicated drivers that harmed another person in a car accident. Even though the injury was brought upon by an accident instead of a something like a bar fight, the assault charge is still a felony.

What is assault and battery?

Some states may distinguish between these two charges, but not in South Carolina. Assault and battery is a single charge that can be distinguished as high and aggravated nature, 1st degree, 2nd degree, and 3rd degree charges, and each one has its own requirements and punishments. 2nd and 3rd degree assault and battery charges are only misdemeanors, while HAN and 1st degree are classified as felonies.

What is sexual assault?

Sexual assault is different than sexual harassment because it includes an element of physical contact, such as unwanted kissing, groping, or any form of sexual activity. However, like other forms of assault, the most important aspect is the perception of the victim. If they feel as though they were placed in a threatening or compromised position where the attacker could have continued with their sexual assault, then physical contact is not necessary to press charges.

Extenuating Circumstances

Assault charges can become complicated, especially when there is a history of conflict between the defendant and the plaintiff. When tempers boil over, things can quickly escalate, leading to a various charges of assault and battery. To address this complexity, the courts assign varying degrees of seriousness to each type of charge. If the assault occurred during another criminal act, such as a robbery, then the charge is much more serious. This is also true for premeditated acts of violence, such as staging an ambush for the victim. Charges that result from an intoxicated fight may be reduced to a lesser sentence if your attorney can prove that the act was a crime of passion. If you were driving a car while intoxicated and caused a serious accident, the charge may be increased to more severe penalty. That’s why it’s always a good idea to consult with a legal professional as soon as charges of assault are brought against you. An experienced and knowledgeable lawyer will help protect your rights.

The Pros and Cons of Oversharing on Social Media

Social media is a great avenue to express yourself through stories and photos. It’s a great way to connect with colleagues and publicize information about good news or ask for support. However, some users and most social media platforms provide the option to “privatize” yourself from certain groups or people in your life. Whenever someone gets is in the middle of a criminal defense case, what role does social media play? Can the information you write online be used against you in a court of law? What role should you take in publicizing or privatizing?

Every year, millions of users share numerous links, photos and articles with the world through popular social media platforms like  Facebook and Instagram. As one would expect, that information can be used against them in a court of law. The evidence may be as simple as a conversation or as complex as a multitude of images and videos of the actual crimes taking place. It is simple for authorities to come across such evidence, and can command the platforms to hand over whatever evidence they have. However, if you are a criminal defendant, it’s a different story.

According to the article on Cal Lawyer, a California lawyer resource website, a defendant looking for information that is saved on social media sites faces a lot of obstacles. The Stored Communications Act has rules for companies like Facebook that keep them from providing the user’s information to others without the owner’s permission. Challenges to this have been brought to California federal courts. Facebook argued that it was unconstitutional and that they were denied the right to confront the witnesses that are being used to corroborate the case. They believed that the stored communications act does not give the defendants access to important information that could help their case. Unfortunately, they did not win their battle in appeals court, which denied the defendants’ argument. Another court case, Number One v. Superior Court, may bring some light on the subject and give criminal defendants hope of obtaining social media information from third parties. Unless a criminal defendant succeeds with a challenge based on Juror Number One’s compelled consent rationale, the plain language of the SCA leaves criminal defendants’ pretrial ability to obtain critical exculpatory social media information in the sole discretion of the government.

It may be safe to privatize your account if you have charges against you or to delete content as soon as possible. It is important to be careful when it comes to what you post on social media. While we are sharing it with others, this information is not entirely publicized and questions the rights of what we put into the virtual world. In most cases, social media posts can frame or injure people by claiming these “drunk photos posted on social media” reflect the person’s declining behavior and reasons why they are irresponsible and guilty. It’s important to be sure you are not oversharing on social media, in case you find yourself in a similar situation.

Internet Fraud

With the convenience and easy accessibility of the internet, many people have been accused of internet crimes such as using information and private details used in this world-wide web. Among them, identity theft is a common occurrence, since many private and personal details are shared online. Identity theft is a crime where a person’s private details are stolen and used without their consent. The victim can either be alive or dead, and being a victim can carry financial issues, among others.

In general, identity theft is a crime where another person’s identity is illegally stolen in order to acquire goods or services using deceit. It is very common in today’s times because of the use of internet in daily life, since it is easy to get anyone’s information or personal details. Taking another person’s personal details does not constitute identity fraud, rather, using it to for your own benefit is. Some of the places where these cyber criminals can get personal details are:

  • Bank account left open
  • Credit cards, state loans, and loans
  • Taking over existing accounts
  • Getting important documents (such as Social Security, passports, or driver’s license)
  • Hacking

It may be hard to take action once you have been a victim of identity theft. Reporting the crime is the first step, then make sure to organize and have a record about all the conversations you have regarding the reports. Leave a paper trail, and document everything. Make sure you report the problem as soon as you have become aware of it, and give yourself a deadline regarding any updates on your personal accounts.

Being vigilant about where and to whom you are giving your personal details, particularly during online transactions, and checking your bills are just some things that you can do to protect yourself. Make sure keep important details in a safe place, and if you are throwing away documents that have important personal information, make sure that you have shredded them. Be aware that anyone can get your information and use it for their own benefit, thus look after yourself.