Get skilled and determined legal representation from an assault and battery lawyer in Greenville. The criminal defense law firm of Bannister, Wyatt, & Stalvey LLC fights assault and battery charges in South Carolina. Call (864) 920-2709 to start your representation today.
Assault and Battery Defense Attorneys in Greenville, SC
If you’re facing assault and battery charges in Greenville, SC, you can have an experienced lawyer representing you. The charges you’re facing are serious, so you need serious representation.
We can provide the strong defense you need to respond to the charges against you. You must exercise your rights. You may challenge the case against you and present your own defense. A Greenville assault and battery lawyer at Bannister, Wyatt and Stalvey can begin representing you right away. Contact us at (864) 920-2709 for your free consultation.
Assault and Battery Charges in South Carolina
Assault and battery is an allegation that you physically harmed or attempted to harm someone else. It is unlawful to touch without an excuse.
There are different degrees of assault and battery, each carrying different possible penalties.
The more serious the harm or risk of harm to victims, the more serious the penalties.
South Carolina Assault and Battery Laws
South Carolina Code Title 16 – Crimes and Offenses, Chapter 3 – Offenses Against the Person, Article 7 – Assault and Criminal Sexual Conduct prohibits assault and battery in South Carolina.
The offense of assault and battery in South Carolina is divided into degrees. Assault and battery of a high and aggravated nature is the most serious, while third-degree is the least serious.
At a glance:
South Carolina penalties for assault and battery
| Assault and Battery – Offense | Maximum Penalty |
| High and Aggravated Nature | 20 years |
| First degree | 10 years |
| Second degree | 3 years, $2,500 fine |
| Third degree | 30 days, $500 fine |
| With deadly weapon | 3-12 months, $200 fine sentencing enhancement |
| By mob, first degree | No maximum, 30 years minimum |
| By mob, second degree | 25 years, with three-years minimum |
| By mob, third degree | 1 year |
How does South Carolina define assault?
South Carolina law defines assault as unlawfully injury to another person or an attempt to unlawfully injure another person with the present ability to do so.
Is assault and battery a felony in SC?
Assault and battery is a felony in SC if there is or could have been moderate or more severe injuries. Most assault and battery charges are felonies. Only a third-degree charge with no injuries or only minor injuries is a misdemeanor in South Carolina.
What is the penalty for assault and battery in South Carolina?
The most serious assault and battery charge in South Carolina is punishable by up to 20 years in prison. Penalties increase in severity depending on the level of injury or potential for injury.
S.C. Code § 16-3-600(B)(1) – Assault and Battery of a High and Aggravated Nature (ABHAN)
Offense:
- Unlawful injury to another person AND
- Great bodily injury OR
- Unlawful injury accomplished by means likely to produce death or great bodily injury
What constitutes great bodily injury?
Great bodily injury is injury with:
- Substantial risk of death OR
- Serious, permanent disfigurement or protracted loss or impairment of the body
Penalty: Felony, up to 20 years in prison.
Lesser-included offenses: Assault and battery of a high and aggravated nature is a lesser-included offense of attempted murder. (S.C. Code § 16-3-29).
S.C. Code § 16-3-600(C)(1) – Assault and Battery, First Degree
Offense:
- Unlawful injury to another person
- With non-consensual touching of private parts with lewd and lascivious intent OR
- During commission of a robbery, burglary, kidnapping or theft
- Offer or attempt to injure another person with the present ability to do so AND
- By means likely to cause death or great bodily injury
- During commission of a robbery, burglary, kidnapping or theft
Penalty: Felony, up to 10 years in prison
Lesser-included offenses: Assault and battery in the first degree is a lesser-included offense of assault and battery of a high and aggravated nature and attempted murder.
S.C. Code § 16-3-600(D)(1) – Assault and Battery, Second Degree
Offense:
- Unlawful injury to another person OR
- Offer or attempt to injure another person with the present ability to do so
And:
- Moderate bodily injury OR
- Moderate bodily injury could have resulted OR
- Non-consensual touching of private parts
Penalty: Misdemeanor, up to three years in prison, fine of up to $2,500, or both.
Lesser-included offenses: Assault and battery in the second degree is a lesser-included offense of assault and battery in the first degree, assault and battery of a high and aggravated nature and attempted murder.
S.C. Code § 16-3-600(E)(1) – Assault and Battery, Third Degree
Offense:
- Unlawful injury to another person OR
- Offer or attempt to injure another person with the present ability to do so
Penalty: Misdemeanor, up to 30 days in jail, fine of up to $500
Lesser included offenses: Assault and battery in the third degree is a lesser-included offense of assault and battery in the first degree and second degree, assault and battery of a high and aggravated nature and attempted murder.
S.C. Code § 16-3-610 – Offenses Committed with a Deadly Weapon
Offense: When assault and battery is committed with a deadly weapon, as defined in S.C. Code § 16-23-460. The weapon may be carried or concealed.
Penalty: In addition to any penalties for assault and battery, 3-12 months imprisonment, a fine of $200 or more, or both.
S.C. Code § 16-3-210 – Assault and Battery by Mob
Offense:
- Two or more people
- Without authority or color of law
- With premeditated intent to commit violence
First degree: Resulting in death
Penalty: Felony, 30 or more years in prison
Second degree: Resulting in serious bodily injury
Penalty: Felony, 3-25 years in prison
Third degree: Resulting in bodily injury
Penalty: Misdemeanor, up to one year in prison
Defenses to Assault and Battery
Defenses that may apply to an assault and battery charge are:
- The wrong person is charged
- Assault and battery did not occur
- Witnesses are not credible, and the state can’t prove the case
- Self-defense
- Defense of others
- The touching was not unlawful
- Injury did not occur, or injuries are not as serious as charged
- Involuntary intoxication (voluntary intoxication is not an excuse)
As your lawyers, we investigate all possibilities to defend against the charges you’re facing. We aggressively question witnesses, their recollection, and their motivation to be truthful or untruthful.
What to Expect When Charged With Assault and Battery
When you’re facing assault and battery charges, you likely already know the charges against you are considerable. You’re facing incarceration, monetary penalties and probation with terms and conditions.
With an assault and battery conviction, there may be consequences to your employment, immigration status, volunteer opportunities and standing in the community. Judges take assault and battery charges seriously because it is allegedly a crime against a person. You must present a strong defense.
You have important rights when you’re facing assault and battery charges that you should exercise from your first arraignment and throughout your case. For example, our law firm can help you address the conditions of bond so that you can remain free while charges are pending with reasonable conditions of release. You must carefully prepare to question witnesses against you and present your own defense. You must effectively raise preliminary motions and make arguments to the jury.
How you respond to these charges can significantly impact the outcome of the case against you. Our experienced Greenville assault and battery lawyers can assist you in responding to the allegations. Our team can identify viable defenses, build evidence and represent you through all aspects of the case. We are trial lawyers, and we are prepared to fully litigate your case.
Talk to a Criminal Defense Lawyer With a Free Consultation
Talk to a defense lawyer for assault and battery charges today. We are currently accepting cases in Greenville, SC and the surrounding courts. We can start representing you at any stage of the case.
For a free consultation with Bannister, Wyatt, & Stalvey LLC, call (864) 920-2709 or message us today.
