In South Carolina, you can be charged with assault and battery if you injure, attempt to injure, or cause someone to be in fear that you will injure them. South Carolina divides the crime of assault and battery into four different levels, or degrees, based on the severity of injuries to the other person and whether the act involved the non-consensual touching of another person’s “private parts.” The penalties for an assault and battery conviction range from 30 days in jail and a $500 fine up to 20 years in jail.

If you were charged with assault and battery in South Carolina, you need a dedicated assault lawyer who will carefully analyze the charges against you and work tirelessly to uncover every fact and legal theory that can be used in your defense.

Bouley Law is committed to uncovering every viable legal and factual argument that can be raised in your defense. We know the stakes are high when you are facing an assault charge, and we will work diligently to provide the best possible defense.

Contact Bouley Law today to schedule a consultation to discuss your situation with an assault charge lawyer.

What Are the Different Degrees of Assault in South Carolina?

South Carolina classifies the crime of assault into four different levels, or degrees.

  • Assault and Battery in the Third Degree (Simple Assault) occurs when a person unlawfully injures or attempts to injure another person.
  • Assault and Battery in the Second Degree occurs when a person unlawfully injures or attempts to injure another person and causes moderate bodily injury. This crime also occurs when a person engages in non-consensual touching of another person’s private parts, either above or under a person’s clothing.
  • Assault and Battery in the First Degree occurs when a person unlawfully injures another person using a means that is likely to result in death or great bodily injury. This crime also includes injuries that occur during a robbery or kidnapping, and nonconsensual touching of another person’s private parts with lewd and lascivious intent.
  • Assault and Battery of a High and Aggravated Nature (ABHAN) occurs when someone unlawfully causes great bodily injury to another person or the assault is accomplished using a means that is likely to produce death or great bodily injury. ABHAN is also a lesser included offense in charges of attempted murder.

What Are the Penalties for an Assault Conviction?

The penalties for a conviction for assault and battery in South Carolina are as follows:

Crime

Jail Time

Fine

ABHAN

20 years

N/A

First Degree Assault

10 years

N/A

Second Degree Assault

3 years

$2,500

Third Degree Assault

30 days

$500

What Factors Influence the Severity of an Assault Charge?

The severity of a South Carolina assault and battery charge depends largely on the severity of the victim’s injuries. However, other facts may apply. For example, prosecutors will assess factors such as the defendant’s mental state and whether the alleged crime involved a weapon when deciding how to charge assault and battery.

Similarly, assault and battery committed against a family member or household member may be charged as Domestic Violence, which is a physical assault, attempted assault, or threatened assault committed against a spouse, domestic partner, or someone with whom a defendant shares a child.

Is Assault and Battery a Felony?

The crime of assault and battery encompasses a wide range of conduct, and the severity of the charge depends on the nature and extent of the victim’s injuries. ABHAN and Assault and Battery in the First Degree are both felonies, while Assault and Battery in the Second and Third degrees are misdemeanors.

How Can an Assault lawyer at Bouley Law Help?

Assault and battery is a serious criminal charge that carries severe penalties. Bouley Law defends people against South Carolina assault and battery charges and will fight to protect your rights. Assault lawyer Jennifer Bouley will guide you through the criminal legal process and fight to protect your rights.

Contact Bouley Law Today

If you are facing assault and battery charges in South Carolina, contact Bouley Law today to schedule a consultation to discuss your case and how we can help.

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