Assault & Battery Attorney in Greenville

Four Charge Levels Under South Carolina Law

South Carolina Code § 16-3-600 treats assault and battery as a single offense rather than as separate crimes. The classification depends on the alleged conduct, the claimed injury, and other facts. Penalties become more severe as the degree increases.

The four statutory charge levels are:

• Third-degree charge: This misdemeanor applies to unlawfully injuring another person or offering or attempting to injure someone while having the present ability to do so. The penalty is a maximum fine of $500, up to 30 days of imprisonment, or both.
• Second-degree charge: This misdemeanor may apply when conduct results in or could have resulted in moderate bodily injury. It also covers certain nonconsensual touching of another person’s private parts. The penalty is a maximum fine of $2,500, up to three years of imprisonment, or both.
• First-degree charge: This felony covers specified conduct, including an attempt carried out by means likely to produce death or great bodily injury. A conviction carries up to 10 years of imprisonment.
• Assault and battery of a high and aggravated nature: This felony involves an unlawful injury that causes great bodily injury or conduct carried out by means likely to produce death or that level of harm. The maximum term of imprisonment is 20 years.

Under the statute, great bodily injury means an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes prolonged loss or impairment of a bodily member or organ. Determining the degree requires evaluating the alleged act and the evidence rather than relying only on the charge’s label.

Defense Issues That Can Affect the Charge

A defense depends on the circumstances and whether the prosecution can prove every required element beyond a reasonable doubt. We examine how the incident began, what each person did, and whether the evidence supports the state’s version of events. No single defense applies automatically.

Issues that may shape the defense include:

• Self-defense: This issue addresses whether the use of force was legally justified under the circumstances. Its application depends on the facts surrounding the encounter.
• Lack of intent: The defense may challenge whether the prosecution can establish the mental state required for the charged offense.
• Insufficient evidence: The available proof may not establish the accusation beyond a reasonable doubt. Conflicts or weaknesses in that proof can be important to the defense.
• Failure to prove an element: The prosecution must establish each statutory requirement for the particular degree charged. Evidence supporting a lesser degree doesn’t necessarily prove a more serious offense.

We don’t assume the police report or initial accusation is complete. We test both against South Carolina law and the available evidence to identify factual disputes, legal issues, and arguments relevant to the charge.