Assault and Battery

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Columbia Assault and Battery Defense Lawyer

South Carolina defines assault and battery as the act of injuring or attempting to injure another person. It is a serious offense, and the state will work tirelessly to collect evidence to convict you. If there is incriminating evidence against you, the prosecution will find it.

At the Law Office of Sharpe & Leventis, we are dedicated to representing clients facing assault and battery accusations. Let us help you protect your civil liberties.

What is Assault and Battery?

South Carolina law defines assault and battery as injuring, attempting to, or threatening to injure another person.

Common examples of assault and battery include:

Degrees of Assault and Battery

South Carolina legislature defines different levels, or degrees, of assault and battery:

Assault and Battery of a High and Aggravated Nature

As defined by South Carolina Code §16-3-600, assault and battery of a high and aggravated nature (ABHAN) is defined as unlawfully injuring another person, resulting in great bodily injury or is likely to result in great bodily injury or death. The law defines “great bodily injury” as any injury that puts a person at risk of death or permanent disfigurement.

ABHAN is a felony. If convicted, you face up to twenty years in jail.

Assault and Battery in the First Degree

An individual will be charged with assault and battery in the first degree in either of the following two circumstances:

  1. If the offender unlawfully injures another person through nonconsensual sexual touching OR the injury was part of a robbery, burglary, kidnapping, or theft.
  2. If the offender attempts or threatens to injure the victim and the act is likely to cause great bodily injury or death OR the injury was part of a robbery, burglary, kidnapping, or theft.

If you are found guilty of assault and battery in the first degree, this is a felony. You may be sentenced to ten years in prison.

Assault and Battery in the Second Degree

An individual will be charged with assault and battery in the second degree if the person injures, attempts to injure, or threatens to injure another person and one of the following two circumstances result:

If you are found guilty of second-degree assault and battery, you are guilty of a misdemeanor, punishable by three years in prison, a fine of $2,500, or potentially both.

Assault and Battery in the Third Degree

In the base level charge, an individual commits assault and battery in the third degree if a person unlawfully injures, attempts to injure, or threatens to injure another person. If convicted, you are guilty of a misdemeanor, punishable by up to 30 days in jail, a fine of $500, or both.

Statute of Limitations

South Carolina statutes place no limitation period on crimes. This means that a prosecutor can press charges for assault and battery against a perpetrator indefinitely. However, an individual filing a civil suit for assault and battery will only have three years to take legal action.

Speak with our Columbia SC Assault and Battery Defense Lawyers Immediately

An assault and battery charge will not go away on its own. If you have been accused of assault and battery, now is the time to speak with our legal team. To schedule your complimentary consultation, contact us by calling 803-830-6296 or by filling out our online contact form.