Assault and battery in South Carolina – Criminal law tends to be very specific to the state where the crime is alleged to have happened. This means that definition of a crime might vary some from one state to the other.  The punishments for that crime may also vary. In this blog, we will touch on South Carolina criminal law, specifically the crime of assault and battery.

Like all our blogs, this is intended to provide general information only and not intended to substitute the advice and counsel of a criminal defense attorney

Definition of Assault and Battery in South Carolina

In South Carolina assault and battery is injuring someone, attempting to injure someone, or placing someone in imminent fear that you are going to injure them.  This basically means that a wide range of activities can lead to a charge of assault and battery whether you end up injuring someone or not.

Degrees of assault and battery in South Carolina

There are four levels of assault and battery in South Carolina the most serious being assault and battery of a high and aggravated nature, and the least serious being assault and battery in the third degree.  Each crime has some differences in elements, attributes and punishments including but not limited to the following:

• Assault and Battery of a high and aggravated nature is a felony and upon conviction the defendant must be imprisoned for not more than 20 years. A person can be found guilty of this level of the crime if:
• They caused great bodily injury to another person by means likely to produce death or great bodily injury
• This charge is also can be a lesser included offense of attempted murder
• Assault and Battery in the first degree is a felony and upon conviction the defendant must be imprisoned for not more than 10 years. A person can be found guilty of this level of the crime if:
• They injured someone through a non-consensual touching of their private parts with lewd or lascivious intent; or
• Cause an injury to occur during the commission of a robbery, burglary, kidnapping or theft; or
• Offers or attempts to injure a person, with the present ability to do so, during a robbery, burglary, kidnapping or theft.
• This charge can be a lesser included offense of Assault and Battery of a high and aggravated nature
• Assault and Battery in the second degree is a misdemeanor and upon conviction the can be imprisoned for not more than 3 years or fined not more than $2,000 or both. A person can be found guilty of this level of the crime if:
• The injure or attempt to injury with the present ability to do and moderate bodily injury occurs; or
• The act involves the consensual touching of private parts either above or underneath the clothing
• This charge can be a lesser included offense of Assault and Battery in the first degree
• Assault and battery in the Third Degree is a misdemeanor and upon conviction the defendant can face up to 30 days and jail and pay up to a $500 fine or both. A person can be found guilty of this level of the crime if:
• They injure or attempt or offer to injure someone with the present ability to do son.
• Assault and battery in the third degree is a lesser included offense of Assault and Battery in the second degree.

Defending an assault and battery charge

In criminal law, the defendant is considered innocent until proven guilty, and it is up to the government to prove every element of the crime beyond a reasonable doubt.  A defense attorney in a case like this can form a defense based on the elements of the crime, identity or any number of things.

If you have been charged with a crime in South Carolina, contact us.  Criminal law can be very complicated and professional help goes a long way.