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The penalty for aggravated assault in South Carolina is up to 20 years in prison. A person convicted may also face other consequences like restitution, parole, probation, and rehabilitation services.
Shealey Law Firm explains the penalties for aggravated assault charges in South Carolina.
How Long Can You Go to Prison for Aggravated Assault in South Carolina?
The maximum prison sentence for aggravated assault in South Carolina is 20 years. The judge has discretion in sentencing so you may end up serving less time. If you have other convictions, the court may impose consecutive sentencing.
What is the maximum for aggravated assault in SC?
The maximum prison sentence for aggravated assault in SC is 20 years in prison. There is no mandatory minimum. However, assault and battery of a high and aggravated nature is a serious offense. Someone convicted can expect significant prison time.
How much time will I get for aggravated assault in South Carolina?
The time you will be sentenced to serve for aggravated assault in South Carolina depends on several factors:
- Whether you are convicted of aggravated assault or a lesser-included offense
- Other criminal convictions at the same time
- Your prior criminal record
- Intent to harm
- Other aggravating or mitigating factors
- Remorse, signs of rehabilitation, contributions to the community
- Victim impact and input
- How seriously the victim was injured
Judges in South Carolina have wide discretion when it comes to sentencing. The 20-year limit for aggravated assault is a maximum so the sentence could be anywhere from no jail time to 20 years. No jail for a serious offense like aggravated assault is unlikely. Because judges have so much discretion, sentences for the same offense can vary considerably.
Aggravated Assault Charges in South Carolina
In South Carolina, aggravated assault charges are called Assault and Battery of a High and Aggravated Nature.
S.C. Code § 16-3-600(B)(1) makes aggravated assault a felony in SC.
Understanding Aggravated Assault Under South Carolina Law
Aggravated assault in South Carolina is:
- Unlawfully injuring another person
- Causing great bodily injury OR with an act likely to cause death or great bodily injury
Great bodily injury
What distinguishes aggravated assault from lesser assault charges is the extent of injury. Great bodily injury is required, as opposed to a moderate injury or no injury at all.
Great bodily injury is physical injury carrying a substantial risk of death, permanent disfigurement, or protracted loss or impairment of a bodily function or organ. It is a serious, life-changing injury.
By comparison, moderate bodily injury is prolonged loss of consciousness or temporary bodily disruption. Fractures, dislocations, and treatment requiring anesthesia are moderate injuries, not great ones. One way to defend against a charge of aggravated assault in South Carolina is to question the degree of injury.
Battery is required for assault of a high and aggravated nature
For a person to be guilty of assault and battery of a high and aggravated nature, there must be a battery, an unlawful touching. The lesser degrees of assault can be based on assault without battery, an offer, or an attempt to injure someone with the present ability to do so. However, for aggravated assault to apply, there must be unlawful touching.
Assault Charges in South Carolina: Degrees and Classifications
- Attempted murder—the most serious assault charge
- Assault and battery of a high and aggravated nature—bodily injury with great bodily harm or the ability to cause great bodily harm, punishable by up to 20 years imprisonment
- 1st-degree assault—the most serious degree of assault charge; injury with certain circumstances present like sexual touching or an offense during commission of a robbery or other crime against a person, punishable by up to 10 years imprisonment
- 2nd-degree assault—when bodily injury is moderate, punishable by up to three years imprisonment and a $2,500 fine
- 3rd-degree assault—the most basic assault and battery; unlawful touching, punishable by up to 30 days in jail and a $500 fine
Minimizing Potential Penalties for Aggravated Assault in Columbia SC
When you’re facing aggravated assault charges, there are two important tasks. The first is fighting the charges. The best outcome is either to have the charges against you dismissed or to be found not guilty. You should explore all ways to minimize jail or prison, including strategically deciding when to pursue or object to lesser included offenses.
If you are convicted, or if you plead guilty, there will be a sentencing phase. How you approach sentencing may significantly impact what penalties you receive.
How an Experienced Columbia Criminal Defense Lawyer Can Help
An experienced Columbia criminal defense lawyer can help with:
- Understanding the potential penalties for aggravated assault
- Strategizing whether to go to trial or pursue a plea bargain
- Addressing lesser-included offenses
- Making preliminary motions, questioning witnesses, and fighting the charges against you
- Presenting your case at sentencing and preparing with you in advance
- Directing you toward rehabilitation and other measures that the court may look favorably on at sentencing
Your lawyer can help with everything, including strategizing with you, defending the case, and guiding you through the entire legal process.
Contact a Columbia Criminal Defense Lawyer
The penalties for aggravated assault in SC are serious. Get help from a Columbia criminal defense lawyer. Contact Shealey Law Firm.