Assault and Battery charges in South Carolina should be taken seriously. A conviction often comes with considerable consequences that can impact your future. Assault and Battery charges may arise when you cause harm to someone, credibly threaten to cause harm to someone, or touch someone’s private parts without their consent. If you are facing an assault and battery charge, it is time to consult with an experienced Greenville assault and battery attorney.
Assault and Battery Can Take Many Forms
The type of Assault and Battery charge depends on the circumstances of the situation and can be either a misdemeanor or a felony in South Carolina. Each of the following can lead to an assault and battery charge:
- Making someone fear you will harm them while having the present ability to carry out the threat
- Touching someone’s private parts, either above or below their clothing, without their consent
- Causing bodily injury to a person
Turn to a practiced assault and battery lawyer for the legal guidance you need in the face of an assault and battery charge.
The Severity of the Charge
The crime of assault and battery is broken down into four different categories depending on the severity of the conduct.
- Assault and Battery in the Third Degree occurs when a person unlawfully injures or attempts to injure another person with the present ability to do so. This charge generally applies to cases where there is no significant injury to the victim and the accused did not use a weapon.
- Assault and Battery in the Second Degree occurs when a person unlawfully injures another person, or they offer or attempt to injure another person with the present ability to carry out the threat, and moderate bodily injury occurs or could have occurred. You can also be charged with Assault and Battery Second Degree if you touch a person’s private parts, either under or above that person’s clothing, without their consent.
- Assault and Battery in the First Degree occurs when a person unlawfully injures another person and the act involves either (1) the nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent, or (2) the act occurred during the commission of a robbery, burglary, kidnapping, or theft. Assault and Battery in the First Degree can also occur when a person offers or attempts to injure another person with the present ability to do so, and the act is either (1) accomplished by means likely to produce death or great bodily injury, or (2) occurred during the commission of a robbery, burglary, kidnapping, or theft.
- Assault and Battery of a High and Aggravated Nature (ABHAN) occurs when you unlawfully injure another person, and you either cause great bodily injury to that person or the act is accomplished by means likely to produce death or great bodily injury.
Sentencing
Sentencing for assault and battery charges in South Carolina can be stiff. For example, if you’re charged with Assault and Battery Third Degree, it is a Class C misdemeanor which carries a potential fine of up to $500 and a jail sentence of up to 30 days. At the other end of the spectrum, Assault and Battery of a High and Aggravated Nature is a Class C felony, and a conviction carries a potential sentence of up to 20 years in prison.
An Experienced Greenville Assault and Battery Lawyer Can Help
At Cindy Crick Law, I have extensive experience handling Assault and Battery cases and understand the significant impact these charges can have on your life. I am committed to leaving no stone unturned in defending your legal rights and pursuing a favorable resolution for your case. Learn more by contacting me online or calling 864-775-5788 today.
