Assault and Battery
Having an experienced Criminal Defense Attorney by your side, defending you and fighting for your rights is crucial towards building a proper defense. If you have been charged with Assault in South Carolina, contact Kent Law Firm.
Felony vs. Misdemeanor
In South Carolina, as is the case in most states, injuring someone unlawfully, to different degrees, is illegal. The State of South Carolina assigns different definitions to Assault and Battery and categorizes each charge within the scope of it being a misdemeanor or a felony, depending on the severity and nature of the charge. Only 2nd and 3rd Degree charges are considered misdemeanors.
High and Aggravated Nature (ABHAN)
ABHAN is categorized as being a lesser crime when compared to murder.
It is defined as inducing great bodily injury on someone, almost to the point or level of death. This can be construed as injuring someone and the victim having major bodily harm (harm to their essential organs and/or permanent disfigurement).
1st degree Assault and Battery is a lesser offense when compared to murder or ABHAN, but it is more egregious than 2nd or 3rd degree Assault.
1st Degree A&B can be charged when injuring or attempting to injure someone while committing another crime like robbery or burglary.
2nd Degree Assault and Battery is defined as injuring or attempting to injure someone and causing moderate bodily injury. Moderate bodily injury is defined as
- Loss of consciousness for a long time
- Short-term and moderate disfigurement
- Short-term loss of physical function
- Injuries with medical treatment that require being put-under
- Fractures and dislocations
3rd Degree Assault and Battery in South Carolina is defined as injuring or attempting to injure someone unlawfully. This charge does not include language pertaining to the level of bodily harm caused to the individual.
Penalties for Assault and Battery
The four major distinctions between Assault and Battery charges come with differing sentencing guidelines.
Assault and Battery of a High and Aggravated Nature can come with up to 20 years imprisonment.
1st Degree Assault and Battery can come with up to 10 years imprisonment.
For 2nd Degree Assault and Battery charges, an individual can face up to 3 years in jail and a fine of up to $2,500.
3rd Degree Assault and Battery, being the least egregious offense, comes with up to 30 days in jail and a fine of up to $500.
Any of these charges can also affect a persons reputation and criminal record. This means a person can be barred from living in certain places, applying to loans, and seeking employment. It can also affect divorce proceedings and child custody agreements.
Have you been charged with Assault
If you’ve been accused or charged with Assault and Battery, of any degree, you may be facing serious and potentially life-changing charges.
It’s important you keep a clear head the best you can. It’s also imperative you do not say anything to law enforcement or make any statements before speaking with an experienced attorney.
We’re here to help. Contact our law firm at (803) 433-5368 for a confidential, free consultation. Our lawyers are experienced in handling criminal cases in South Carolina.