October 17, 2008

Conway Man Assaulted After Joke Goes Wrong

In Conway a man was allegedly assaulted by two men after he "got the best of the them" in a verbal exchange. The man's lip was swollen ad he had a bump on his head according to the local police report by the City of Conway Police Department.

A person charged with criminal assault, battery, aggravated battery, aggravated assault, or aggravated battery with intent to kill will mostly likely be charged with a felony and will have to appear in General Sessions Court in Conway, if arrested in Horry County, including Myrtle Beach, or North Myrtle Beach.

If charged with simple assault or battery, he charge is most likely a misdemeanor and the defendants will have to appear for an initial appearance, roster call, or court hearing in a municipal court or magistrate court in North Myrtle Beach, Myrtle Beach, Surfside Beach, or Conway.

An assault is a threat of physical force against another person and battery is the harmful touching of another person. The report does not state in this case whether the two mean involved have been arrested or our currently facing criminal charges.

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July 22, 2008

Assault Allegations Against Christian Bale

In recent news, the actor Christian Bale has allegedly been arrested and released on allegations of assault in London. Bale's mother and sister stated that Bale assaulted them at a hotel Sunday night, just before the new Batman movie, The Dark Knight, premiered in Europe. The actor turned himself in and was released four hours later. He has denied these allegations.

If Bale was arrested in the United States, more specifically in the State of South Carolina and charged with assault, he could face up to 30 days in prison and/or a fine up to $500.00. According to the South Carolina Code, an assault is "an unlawful attempt to commit a violent injury to the person of another with a present ability to complete the act".

Battery on the other hand, is not an attempt crime like assault, but requires an act. Battery is defined under the South Carolina Code as "un unlawful act of violent injury to the person of another." Like assault, the penalty for battery is up to 30 days in jail and/or a fine up to $500.00.

There are several defenses to a state criminal charge of assault and battery, including consent, official duty, provocation. Usually mere words, even if these words are abusive, threatening and insulting, do not justify an assault and battery unless there is an actual suggestion of physical violence or behavior.

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