Assault and Battery Lawyers

Assault and Battery Charges in South Carolina

A person commits the criminal offense of assault and battery in South Carolina if the person unlawfully injures another person, or attempts to injure another person with the present ability to do so.  Legally speaking, the assault is the threat of bodily harm coupled with an apparent, present ability to cause the harm and the battery is the actual unwarranted physical contact with another.

SECTION 16-3-600. Assault and battery; definitions; degrees of offenses.

(A) For purposes of this section:
(1) “Great bodily injury” means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(2) “Moderate bodily injury” means physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation. Moderate bodily injury does not include one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care.
(3) “Private parts” means the genital area or buttocks of a male or female or the breasts of a female.
(B)(1) A person commits the offense of assault and battery of a high and aggravated nature if the person unlawfully injures another person, and:
(a) great bodily injury to another person results; or

(b) the act is accomplished by means likely to produce death or great bodily injury.
(2) A person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than twenty years.
(3) Assault and battery of a high and aggravated nature is a lesser-included offense of attempted murder, as defined in Section 16-3-29.

(C)(1) A person commits the offense of assault and battery in the first degree if the person unlawfully:
juries another person, and the act:
(i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or
(b) offers or attempts to injure another person with the present ability to do so, and the act:
(i) is accomplished by means likely to produce death or great bodily injury; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.
(2) A person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than ten years.
(3) Assault and battery in the first degree is a lesser-included offense of assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.
(D)(1) A person commits the offense of assault and battery in the second degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and:
(a) moderate bodily injury to another person results or moderate bodily injury to another person could have resulted; or
(b) the act involves the nonconsensual touching of the private parts of a person, either under or above clothing.
(2) A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than two thousand five hundred dollars, or imprisoned for not more than three years, or both.
(3) Assault and battery in the second degree is a lesser-included offense of assault and battery in the first degree, as defined in subsection (C)(1), assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.
(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.
(2) A person who violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars, or imprisoned for not more than thirty days, or both.
(3) Assault and battery in the third degree is a lesser-included offense of assault and battery in the second degree, as defined in subsection (D)(1), assault and battery in the first degree, as defined in subsection (C)(1), assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.

Assault and Battery Conviction

Assault and Battery charges in SCPersons who are convicted of assault and battery often face the following consequences:

  • Imprisonment
  • Fines
  • Probation
  • Mandatory counseling and/or anger management classes
  • Assault Battery Jail Time and Fines
  • A person convicted of assault and battery of a high and aggravated nature is guilty of a felony and can be imprisoned for a maximum of 20 years.
  • A person convicted of assault and battery in the first degree is guilty of a felony and can be imprisoned for a maximum of 10 years.
  • A person convicted of assault and battery in the second degree is guilty of a misdemeanor and can be fined a maximum of $2,500 and/or imprisoned for a maximum of 3 years.
  • A person convicted of assault and battery in the third degree is guilty of a misdemeanor and can be fined for a maximum of $500 and/or imprisoned for a maximum of 30 days.

Assault and Battery Defense

The South Carolina criminal defense attorneys at the Strom Law Firm, LLC have experience dealing with assault and battery defense cases. Our familiarity with prosecutorial techniques, knowledge of South Carolina criminal law, and our understanding and genuine concern for the rights and liberty of people facing criminal charges ensure that you will receive a vigorous, well-planned defense.

Possible defenses may include:

  • Prevention of a crime – In certain situations, the use of violence or force is allowed to prevent a crime.
  • Self-defense, defense of property, or defense of others – Force can legally be used to stop physical harm to oneself, someone else, or to prevent the harm or theft of an individual’s possessions.

The South Carolina criminal defense lawyers at the Strom Law Firm, LLC can provide for defense on charges of:

Being arrested or investigated for a crime can mean many things. It does not mean is that you are guilty or that you have no rights.

For experienced criminal defense attorneys who will fight for you whether it’s an assault and battery of high and aggravated nature, or first, second, or third-degree charge, call or contact us in Columbia, South Carolina, today. Let Orangeburg County Criminal Defense Lawyer Bakari Seller protect your rights.

Assault and Battery