Understanding Different Assault Charges in South Carolina

Assault and battery are common crimes in South Carolina. Defendants accused of assault and battery benefit from hiring an experienced Greenville assault lawyer to defend them. These cases often turn on eyewitness testimony, including testimony from the alleged victim. A lawyer can identify the best defense to bring. Below, we look at different assault charges and what sentence each charge carries. Contact William G. Yarborough, Attorney at Law, for help.

Assault v. Battery

Assault and battery are two distinct crimes, although South Carolina includes them in the same section of the criminal code:

• Assault: The defendant attempts to strike or otherwise unlawfully touch the victim. No contact is necessary.
• Battery. The defendant touches the victim without consent and causes injury of varying severity. Typically, the more serious the injury, the more serious the criminal penalties.

Swinging your fist but missing a person’s face by inches is an example of assault. Connecting with their nose is a battery.

Types of Assault in Greenville, South Carolina

South Carolina Code § 16-3-600 lays out the different types of assault in the Palmetto State. The differences usually relate to the severity of the injury the victim suffers.

1. Assault and Battery of a High and Aggravated Nature

A defendant commits assault and battery of a high and aggravated nature if they unlawfully injure someone and great bodily injury results, or use a method likely to lead to great bodily injury or death.

The code defines “great bodily injury” as permanent disfigurement or impairment of a body part or organ. Examples can include blindness, paralysis, or amputation. This is a felony and carries up to 20 years in prison, even for a first-time offender.

Examples include:

• Shooting someone and paralyzing them
• Stabbing someone and causing organ failure
• Hitting someone with a vehicle while driving at high speeds

2. Assault and Battery of the First Degree

A defendant can be convicted if they unlawfully injure another person, and the act involves touching private parts without consent or occurs while committing certain crimes like theft, burglary, robbery, or kidnapping.

A defendant can also be convicted if they attempted to injure the victim but failed to, provided the method was likely to lead to great bodily injury or happened during the commission of robbery, burglary, theft, or kidnapping. First-degree assault is a felony with a maximum sentence of 10 years in prison.

Examples include:

• Punching or trying to punch someone while robbing them
• Slapping and kicking someone during a burglary
• Rubbing someone’s genitals without their consent
• Trying to injure someone by shooting a gun at them, but missing

Second Degree Assault and Battery

A defendant commits this offense if they unlawfully injure or attempt to injure someone and cause moderate bodily injury, such as unconsciousness or temporary loss of a body part, or the assault involves nonconsensual touching of a person’s private parts.
This is a misdemeanor offense. If convicted, a defendant can be imprisoned for up to three years and fined a maximum $2,500.

Third Degree Assault and Battery in South Carolina

A defendant commits third-degree assault if they unlawfully injure or attempt to injure a victim.

An example would be punching or kicking someone. Any nonconsensual contact could qualify. For assault, the defendant will attempt to unlawfully injure them.

Third-degree assault and battery is a misdemeanor offense. A defendant can face up to 30 days in jail and a maximum $500 fine.

Assault vs. Aggravated Assault

South Carolina does not have a crime called “aggravated assault.” However, Assault and Battery of a High and Aggravated Nature is the closest thing. The main difference between regular assault and aggravated assault is the nature of injury a victim could suffer.

Typically, aggravated assault will be committed with deadly weapons, which could cause the most serious injuries. Guns, knives, axes, and other implements could cause death.

Aggravated assault carries the most severe penalties because the victim has suffered grave injuries or could have because of the method of assault.

How We Defend Assault Charges in South Carolina

Anyone facing an assault charge should quickly schedule a consultation with an attorney. A third-degree assault charge can leave someone with a life-long criminal record.

Instead of immediately pleading guilty, let our office review whether we can raise any of these defenses:

• Argue no assault occurred. For example, the defendant might not have had the ability to cause injury to the victim. A defendant who makes a threat over the telephone or via text message has no present ability to hurt the victim, so no assault has taken place.
• Argue self-defense. A defendant might have committed assault in response to being battered or assaulted. For example, in a bar fight, a man might swing at someone who punched him in the face, but this act is an attempt to protect himself.
• Minimize the amount of injury caused. Another defense is to claim the victim did not suffer or was unlikely to suffer serious bodily harm. That could get charges reduced, at least.
• Claim violations of the defendant’s constitutional rights. This type of defense seeks to get evidence thrown out. For example, the police might have used a highly prejudicial lineup to get an identification from a witness. We can argue that a judge should throw this identification out of court because there is no proof that it is reliable.
• Argue the victim consented. If you are charged with sexual assault, then we might claim the alleged victim welcomed or initiated the contact. Consent is a valid defense when the victim is an adult.

Call us so we can review the evidence in your case and find the most appropriate defense. Our firm has defended people in the 29609 zip code in various types of assault cases.

Schedule a Consultation with a Greenville Assault Lawyer

William G. Yarborough understands the challenges criminal defendants face after arrest. It might feel like no one has your back, but we can do whatever it takes to defend you. Contact our office today if you need legal help.