A fight outside a bar on North Main, a shove at a family cookout, a call to police after an argument in a parking lot. Assault and battery cases in Anderson usually start with one bad minute and a version of events the other person tells first. Then the State files criminal charges and the pressure lands on you.
Touma Law Group is a veteran-owned criminal defense law firm, and Jarrett Roman leads our Anderson office. He worked as an Assistant Solicitor in the 10th Circuit before he started defending people here. He knows how the State builds an assault case because he used to build them. Call our experienced criminal defense lawyer today for a free consultation.
Where Your Charge Falls Under South Carolina Law
South Carolina splits assault and battery into four levels under Section 16-3-600 of the South Carolina Code. The level controls almost everything that follows: the courtroom you walk into, the penalty range you face, and whether a conviction counts as a violent crime for the rest of your life.
Police and the solicitor look at a short list of facts when they pick the level. How badly the other person was hurt. Whether a weapon was involved. Whether the act could have caused death or serious injury, even if it did not. That list is also where a defense begins, because the degree charged at the scene is an accusation, not a finding.
Did you know?: Our attorneys handle weapons and gun charges in Anderson and Oconee counties.
The Four Degrees and What Each One Carries
- Assault and battery, third degree. A misdemeanor carrying up to 30 days in jail, a fine up to $500, or both. This covers unlawful injury or an attempt to injure with the present ability to do it.
- Assault and battery, second degree. A Class A misdemeanor carrying up to three years and a fine up to $2,500. It applies when moderate bodily injury results or could have resulted, or when the contact involved private parts.
- Assault and battery, first degree. A Class E felony carrying up to 10 years. It covers injury during the commission of another crime, acts involving private parts with lewd intent, or conduct that could have produced death or great bodily injury.
- Assault and battery of a high and aggravated nature (ABHAN). A Class C felony carrying up to 20 years. It applies when great bodily injury results or the act was committed by means likely to cause death or great bodily injury. ABHAN is listed as a violent crime under South Carolina law.
Penalties shift based on prior history, the facts, and the statute the solicitor chooses. Nobody can tell you your exposure without reading the warrant and the incident report first.
Which Anderson Courtroom Hears Your Case
Third-degree charges go to the summary courts: Anderson County Magistrate Court if the arrest happened in the county, or Anderson Municipal Court if it happened inside city limits. Magistrate and municipal judges can only sentence up to 30 days or $500, which is why the smallest assault charges stay there.
Everything heavier moves to the Court of General Sessions for the 10th Judicial Circuit, which covers Anderson and Oconee counties. That is where second-degree, first-degree, and ABHAN cases are prosecuted, and where a jury would hear the case at trial. A few assault allegations, usually those tied to federal property or a federal investigation, land in federal courts instead.
Each court runs on its own schedule and its own habits, and showing up without legal counsel who works these dockets puts you at a disadvantage.
When the State Calls It Domestic Violence Instead
If the other person is a spouse, a former spouse, a co-parent, or someone you live with, the State usually charges criminal domestic violence under a separate statute instead. The elements differ, a no-contact condition often comes with it, and a conviction brings firearm consequences that a standard assault conviction may not.
If your paperwork says domestic violence, the defense approach changes from day one.
Related: Talk to our trusted domestic violence attorney today
What the Solicitor Has to Prove
The presumption of innocence is not a slogan. The State carries the burden on every element, and our defense attorneys look hard at whether it can actually get there.
Common pressure points in Anderson assault cases:
- Self-defense and defense of others. South Carolina recognizes both, and who started the physical contact is often disputed.
- Identification and witness credibility. Crowded scenes, alcohol, and competing accounts produce shaky statements.
- Injury classification. Moderate and great bodily injury have legal definitions, and medical records sometimes do not support the degree charged.
- Search and seizure problems. Where officers searched without a valid basis, the exclusionary rule can keep evidence out, and the fruit of the poisonous tree doctrine can reach what that search led to.
- Statements taken without warnings. What you said at the scene is not automatically usable.
Building a Defense Strategy Around Your Facts
No two assault files look alike, so we start with the record. We pull body camera footage, 911 audio, medical records, and witness statements, then measure them against what the warrant claims.
From there, the path splits. Some cases are worth taking to a jury, and our trial lawyers prepare courtroom presentations with that in mind. Others resolve better through plea negotiations, where mitigation strategies, treatment records, and a client’s background carry weight with a solicitor. A plea bargain that protects your record can be the stronger result in the right case.
You get our read either way. We explain your legal options in plain language and let you make the call.
Steps to Take in the First Week
- Stop discussing the incident, including texts to the other person, posts about the fight, and explanations to officers.
- Write down what happened while it is fresh, then keep it between you and your lawyer. Attorney-client privilege protects that conversation.
- Save what supports you: photos of injuries, messages sent before the incident, and the names of anyone who saw it.
- Read your bond conditions closely. A violation creates a second problem on top of the first.
- Call a criminal defense attorney before your first court date, not the morning of it.
What a Conviction Means for Your Future
A criminal record built on a violent charge shows up on nearly every background check an employer, landlord, or licensing board runs. A violent crime conviction can also limit firearm rights and raise the stakes on any later criminal offenses, since prior convictions push future sentencing ranges up.
That is why a third-degree charge deserves attention too. People treat the smaller criminal charges as paperwork and then carry them for years.
Talk With Us Before Your Next Court Date
An assault and battery charge in Anderson County is a serious accusation, and the window to shape the outcome is widest early. The same Anderson team that defends violent crime cases also handles drug charges, weapons charges, and DUI cases across the Upstate.
Call our Anderson office at (864) 777-8062 for a free case review. We answer around the clock, and we will tell you honestly where your case stands.
This content is for informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.
Frequently Asked Questions
The alleged victim does not control the case. The solicitor decides whether to go forward, and some cases are dismissed or reduced when the evidence does not hold up. Nobody can promise that result in advance.
First-degree assault and battery and ABHAN are felonies. Second and third degree are misdemeanors, though a second degree conviction still carries up to three years.
Self-defense is recognized in South Carolina. It turns on the facts, including who escalated and whether the force used was proportionate. Bring what you have to your attorney before explaining it to anyone else.
Those involve conduct in public rather than unlawful contact with another person. Police sometimes charge them together after one incident, and each needs its own answer.
