Atlanta, GA asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina

Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: The likely charges would depend on what they did, and those are up to the police & the DA. Possible charges would be disorderly conduct, threatening, others.

Ryan D Templeton
Ryan D Templeton
Answered
  • Criminal Law Lawyer
  • Summerville, SC
  • Licensed in South Carolina

A: Depending on the particular facts of your case someone could be charges with simple assault (3rd degree) under SC Law.

16-3-300(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.

(2) A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars, or imprisoned for not more than thirty days, or both.

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