Legal Question in Criminal Law in South Carolina

Re: Assault & Battery With Intent To Kill

Let me tell you two things that might help. One, in a very general sense, to "fight" this charge, which means to "defend," the charge, is like any other charge. If the case goes to trial, then the prosecution would try to prove that it happened and the defense would try to show that it did not happen or that they simply isn't enough evidence for the jury to find the defendant guilty. That is the criminal process in a nut shell. The other thing that I would tell you, is that all cases are different. The evidence is different, the allegations are different, and so on. Since I know absolutely nothing about this case, what was said, what was not said, if there are any injuries and if so what type of injuries, what the police saw or did not see, and so on, it is impossible to tell you how to defend it. A defense attorney tailors the defense based on the particular facts and evidence of a particular case. And the only way that a defense attorney really give the best advise on any particular case, is to be retained and formally represent the defendant. Then the attorney can obtain any and all evidence from the prosecution including but not limited to the warrant, affidavits, witness statements, police reports, incidence reports, investigation reports, medical reports, 911 tapes, and so on. Then the once the attorney has all of these things he/she would know what other information to seek, what defense evidence would be helpful, what questions to ask, what needs to be investigated, etc. All of this can be quite involved. So you see, although your question is a very intelligent one, its simply impossible to answer it without knowing a whole lot more about the case.

I hope this helps. You are welcome to call or email if you have other questions. My firm receives calls on weekends.

Robert Johnston

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