Assault and Battery in South Carolina
In South Carolina, Assault and Battery charges entails several levels of severity and several sets of consequences. If you were charged with Assault and Battery in South Carolina, you should contact a South Carolina criminal defense attorney immediately.
Assault and Battery defined
- Though there are several degrees, most Assault and Battery centers around an unlawful injury by the defendant to another person. Assault and Battery can also be charged when there is an offer or attempt to injury another person with the present ability to do so.
Classes of Assault and Battery in South Carolina
Assault and Battery in the third degree
- The defendant injures another person or threatens to injure another person with the present ability to do so and;
- There is typically either no injury or slight injury.
- Punishment – A misdemeanor with a fine up to $500, up to 30 days in jail, or both.
Assault and Battery in the Second degree
- The defend injures another person or threatens to injure another person with the present ability to do so and;
- Moderate injury to the victim occurred or could have occurred or
- The nonconsensual touching of the private parts of another person either underneath or above the clothes
- Punishment – A misdemeanor with a fine up to $2000, and up to 3 years in prison, or both.
Assault and Battery in the First Degree
- Occurs when the Defendant injures another person, and the act;
- Involves nonconsensual touching of a person’s private parts with lewd and lascivious intent,
- Occurred during the commission of a robbery, burglary, kidnapping or theft or
- Attempts to injure a person another person, and the act;
- Is accomplished my means likely to lead to death or serious bodily injury or
- Occurred during the commission of a robbery, burglary, kidnapping or theft.
- Punishment – A felony with up to 10 years of prison time.
Assault and Battery of a high and Aggravated nature
- Occurs when the Defendant injures another person and;
- Great bodily injury results or;
- The act is carried out by means likely to lead to death or serious bodily injury
- Punishment – A felony with up to 30 years of prison time.
If you have been charged with a crime in York South Carolina or have been charged with a crime in Lancaster, Call Gilles Law to find out about your options for a defense.