Assault Charges in SC: What You Need to Know

The crime of assault can range from minor scuffles to brutal physical altercations. Even something as simple as threatening to hurt someone during a heated argument can result in you facing assault charges. Understanding how South Carolina law defines assault is vital if you’ve been accused of assaulting someone.

At L. Morgan Martin, our criminal defense lawyers are dedicated to protecting your rights and securing the best outcome for your case. If you haven’t contacted us yet, here’s what you should know about assault laws in South Carolina.

What Are the Different Degrees of Assault?

When you hear the word “assault,” you automatically think of physical violence. In South Carolina, however, assault doesn’t require physical injuries or even contact. You can be charged with assault for trying or threatening to hurt someone, even if you don’t touch a strand of their hair. The law outlines the following degrees of assault:

Simple Assault or Third-Degree Assault and Battery

If you touch someone unlawfully in a threatening or angry manner or inflict a minor injury on them, you can be charged with third-degree assault. Think of a “gentle” shove during a heated fight that causes minor scrapes or bruises.

Second-Degree Assault and Battery

You can be charged with second-degree assault if you threatened to or inflicted moderate bodily injury on someone. These injuries are physical injuries that result in significant pain, temporary but significant disfigurement, or impairment or temporary loss of function of a body organ or member. For instance, if you punched someone’s face and heavily bruised their face, kicked someone and broke their leg, or touched someone’s private parts without their consent.

First-Degree Assault and Battery

If you threaten or seriously injure someone, you can be charged with first-degree assault. A serious bodily injury can lead to death or lead to impairment, protracted loss of function of a body organ or member, or permanent disfigurement. For example, if you stab someone with a knife or beat them with your fists, they end up surviving with life-threatening injuries. This also applies to assaults involving a deadly weapon and those that occur while committing other offenses like kidnapping or robbery.

Assault and Battery of a High and Aggravated Nature (ABHAN)

You can be charged with ABHAN if the circumstances apply to your case. These include domestic violence, hate crimes, using a deadly weapon, severely hurting a vulnerable individual, such as a child or a senior citizen, intending to commit a felony, or being part of a mob.

Depending on the assault charges you’re facing, you can serve 30 days in jail or 20 years in prison. The problem is that assault cases are not always clear-cut. The situation might have been confusing, witnesses (if any) may have different narratives, or you may have committed assault to defend yourself. That’s why having a Conway criminal defense lawyer matters. They will work to uncover the whole story and ensure the court hears your case’s facts.

Legal Guidance from Skilled Criminal Defense Attorneys

Charged with assault? Our Conway criminal defense lawyers at L. Morgan Martin are here to sort things out. Dial 843-248-3177, or contact us online for your confidential case evaluation. The earlier you get legal advice, the better your chances of avoiding severe penalties or a criminal record.