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Assault charges in South Carolina are divided into degrees. If you’re accused of assault, you need to know the penalties and defenses.
Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain assault and battery charges in SC.
South Carolina’s Four Levels of Assault and Battery: What Each Means
The South Carolina assault and battery law is S.C. Code § 16-3-600. The law creates four distinct levels of assault and battery:
Assault and Battery of a High and Aggravated Nature – the most serious
First degree – assault and battery
Second degree – assault and battery
Third degree – assault and battery – the least serious
There are several factors that determine the offense category. For example, the severity of injury, sexual battery, or concurrent commission of a robbery or other violent crime makes an offense more serious.
3rd Degree Assault and Battery: The Most Common Charge
Assault and battery, third degree, is simple assault in South Carolina. It’s the most common charge. It’s also the least serious.
A person is guilty of assault and battery if they:
- Unlawfully injure another person, OR
- Attempt to injure another person with the present ability to do so.
The law doesn’t explain what it means to unlawfully injure someone, but it means an offensive touching, usually intentional and non-consensual.
Third degree assault and battery in South Carolina is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500.
2nd Degree Assault and Battery: Penalties and What to Expect
When simple assault has one of these aggravating factors, the offense is elevated to second degree:
- Moderate bodily injury.
- Moderate bodily injury could have occurred.
- Non-consensual touching of a person’s private parts.
Non-consensual touching of private parts may be over or under clothing.
Assault and battery, second degree, in South Carolina is a misdemeanor punishable by up to three years in prison and a fine of up to $2,500.
1st Degree Assault and Battery: Felony Territory
Assault and battery is first degree if it involves:
Unlawful injury of another person with:
- Non-consensual touching of private parts, with lewd and lascivious intent, OR
- Commission of a robbery, burglary, kidnapping, or theft.
OR
Threat or attempt to injure another person, with present ability to injure, and:
- Actions likely to result in death or great bodily injury, OR
- Commission of a robbery, burglary, kidnapping, or theft.
Assault and battery, first degree, in South Carolina is a felony, punishable by up to 10 years in prison.
Assault and Battery of a High and Aggravated Nature (ABHAN)
Assault and battery of a high and aggravated nature (ABHAN) is unlawful injury of another person with:
- Great bodily injury to another person, OR
- Act likely to result in death or great bodily injury.
ABHAN in South Carolina is punishable by up to 20 years in prison.
Note: There are separate offenses for criminal sexual conduct and child abuse.
What Defenses Are Available Against Assault Charges in SC?
Even though assault charges in SC are serious, there are defenses that you can raise. Defenses that may apply include:
- Consent
- Lack of intent
- Touching is not offensive or touching accidentally
- Self-defense/defense of others
- No injury occurred
- Injury less severe than prosecutors claim
- No commission of a robbery or other aggravating offense
- Mistaken identity
- Witnesses not telling the truth
- No present ability to harm
- Act not likely to result in serious harm
An experienced lawyer for aggravated assault can raise the defenses that may apply to you.
How Self-Defense Works in South Carolina
Self-defense can be a viable defense to assault and battery in South Carolina. The person accusing you of assault may have attacked or threatened you first.
For self-defense to apply, you may not initiate the confrontation. The response to the threat against you must be proportionate.
Presenting self-defense at trial requires significant preparation, including cross-examination of state witnesses, the defendant’s own testimony, visualizations, and demonstrations. A lawyer is key to effectively arguing self-defense in response to assault and battery charges.
What Happens to Your Record After an Assault Conviction?
An assault conviction can impact your employment, reputation, immigration status, firearm rights, and more. First-offense simple assault can be expunged, but only after three years, when the reputation damage has already been done.
That’s why it’s especially important to aggressively fight assault charges against you. You have one chance to respond to the accusations. You may hire a lawyer to represent you.
Why You Need a Columbia Criminal Defense Attorney Immediately
The best time to hire a Columbia criminal defense attorney is as soon as possible. A lawyer can question witnesses before they change their story or forget key details. A lawyer can request favorable bond conditions, especially if the conditions of the bond could hurt your ability to work or go about your life.
A lawyer can raise defenses. They can speak on your behalf in court, answer your questions, and strategize to fight the charges against you.
Talk to a Lawyer for Assault and Battery Charges in SC
Shealey Law Firm represents people charged with assault in South Carolina. If you’re looking for lawyers for aggravated assault near me, please contact us. We’re taking new cases now.