If you’re facing assault and battery charges in South Carolina, it’s natural to feel overwhelmed. These charges can impact your freedom, your criminal record, and your future.
At Touma Law Group, we understand what’s at stake and are here to help you understand the charge and your options at every stage. From your initial consultation to courtroom representation, our Columbia criminal defense lawyers can review the facts of your case and explain what the law says.
Don’t face assault and battery charges alone. Call Touma Law Group today at (864) 618-2323 for a confidential consultation to talk about your case.
Types of Assault and Battery Charges in Columbia, SC
South Carolina’s assault and battery statute sets out four offenses, and each has its own definition and penalty (S.C. Code Ann. § 16-3-600). The older common law offenses of simple assault and aggravated assault were abolished for offenses committed on or after June 2, 2010 (2010 Act No. 273, Section 7.B), so a charge is brought under one of these four.
Assault and Battery in the Third Degree
A person commits third degree assault and battery by unlawfully injuring another person, or by offering or attempting to injure another person with the present ability to do so. It is a misdemeanor punishable by a fine of not more than $500, imprisonment of not more than 30 days, or both. Because the statute reaches an offer or attempt to injure, physical contact is not always required.
Assault and Battery in the Second Degree
Second degree applies when a person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and moderate bodily injury results or could have resulted, or the act involves the nonconsensual touching of the private parts of a person, either under or above clothing. It is a misdemeanor punishable by a fine of not more than $2,500, imprisonment of not more than three years, or both.
Assault and Battery in the First Degree
First degree has two forms. In the first, the person unlawfully injures another person and the act involves nonconsensual touching of the private parts of a person with lewd and lascivious intent, or occurs during a robbery, burglary, kidnapping, or theft. In the second, the person offers or attempts to injure another person with the present ability to do so and the act is accomplished by means likely to produce death or great bodily injury, or occurs during a robbery, burglary, kidnapping, or theft. It is a felony punishable by imprisonment of not more than ten years.
Assault and Battery of a High and Aggravated Nature
A person commits this offense by unlawfully injuring another person when great bodily injury results or when the act is accomplished by means likely to produce death or great bodily injury. It is a felony punishable by imprisonment of not more than twenty years. A person who, with intent to kill, attempts to kill another person with malice aforethought can instead be charged with attempted murder, a felony punishable by up to thirty years (S.C. Code Ann. § 16-3-29).
Domestic Violence
When the other person is a household member, the conduct is charged under the domestic violence statute rather than the general assault and battery statute. South Carolina defines a household member as a spouse, a former spouse, a person with whom you have a child in common, or a male and female who are cohabiting or formerly have cohabited (S.C. Code Ann. § 16-25-10). In Doe v. State, Opinion No. 27728 (S.C. Nov. 17, 2017), the South Carolina Supreme Court declared that definition unconstitutional as applied to an unmarried same-sex couple who lived together, and held that the family court may not use it to keep people in similar relationships from seeking an order of protection. The Court did not rewrite the statute, and the Code still reads “a male and female,” so whether a particular relationship is covered in a criminal case is a question for an attorney. Domestic violence is graded in three degrees plus a high and aggravated nature offense, with penalties of up to 90 days, three years, ten years and twenty years (S.C. Code Ann. §§ 16-25-20 and 16-25-65). See our page on domestic violence charges in South Carolina.
Sexual Assault
South Carolina charges sexual assault as criminal sexual conduct under a separate set of statutes, and not as assault and battery. First degree criminal sexual conduct carries up to 30 years, second degree up to 20 years, and third degree up to 10 years, with separate provisions for minors and spouses (S.C. Code Ann. §§ 16-3-651 to 16-3-659.1). A conviction generally requires registration on the sex offender registry (S.C. Code Ann. § 23-3-430).
Check Out: Can you get charged with assault in a Bar Fight in SC?
Difference/Legal Definitions of Assault and Battery
In everyday speech, assault means threatening or attempting to harm someone, and battery means actual physical contact that causes injury or is offensive. South Carolina’s statute does not treat them as two separate offenses. It defines four levels of assault and battery, and the level depends on what the person did, how serious the injury was or could have been, and the circumstances, such as whether the act occurred during a robbery, burglary, kidnapping, or theft.
Each lesser degree is a lesser-included offense of the more serious degrees, so a person charged with a higher degree can be convicted of a lower one (S.C. Code Ann. § 16-3-600).
The Legal Process for Assault and Battery Cases in Columbia, SC
Arrest and Booking
If police believe you committed assault or battery, you may be arrested, or a warrant may be issued. During booking, your personal information is recorded and fingerprints are taken. Knowing your rights during this process is important.
Initial Court Appearances
After arrest, you will be brought before a judge for a bond hearing, where the court decides whether you can be released while the case is pending and on what conditions. Your attorney can explain what to expect and help you understand the proceedings.
Pre-Trial Proceedings
Before trial, lawyers can review evidence, interview witnesses, and file motions. Pre-trial negotiations may lead to a plea offer, and a lawyer can explain what an offer means for your record and your rights. Key evidence often includes:
- Photographs of injuries
- Medical records from medical professionals
- Witness statements
- Private investigations
Trial Process
During a trial, your lawyer presents evidence, examines witnesses, and responds to the prosecution’s case. The State must prove each element of the charge beyond a reasonable doubt. Challenging the reliability of eyewitness testimony or medical claims can be part of that work.
Sentencing and Appeals
If convicted, the sentence can depend on:
- The degree of the offense and the penalty range the statute sets
- Aggravating factors (for example, prior criminal history or use of a weapon)
- Mitigating factors (for example, lack of intent or provocation)
- The severity of injuries or property damage
Appeals may be possible if there were procedural errors or violations of rights during arrest or trial.
Penalties for Assault and Battery in Columbia, SC
Fines and Court Costs
The statute sets a fine of up to $500 for third degree and up to $2,500 for second degree. The first degree and high and aggravated nature statutes state a term of imprisonment and do not state a fine. Courts can also order victim restitution and impose court costs and other fees.
Jail Time and Prison Sentences
The penalties stated in S.C. Code Ann. § 16-3-600 are:
- Third degree: up to 30 days
- Second degree: up to three years
- First degree: up to ten years in prison
- High and aggravated nature: up to twenty years in prison
Related offenses can carry longer terms, such as attempted murder or assaults involving deadly weapons.
Probation
A court can sometimes suspend part or all of a sentence and place a person on probation. The court sets the conditions, which can include counseling or community service. Attempted murder, however, cannot be suspended and no probation may be granted (S.C. Code Ann. § 16-3-29).
Restitution to Victims
Courts may require payment to victims for medical expenses, lost wages, or other losses.
Related: Penalties for Sexual Assault Charges in South Carolina.
Legal Defenses for Assault and Battery Charges
Self-Defense
A person may be justified in using force to protect themselves or others. Whether self-defense applies depends on the facts and the force used, and a lawyer must review the details of your case.
Lack of Intent
If the harm was accidental or unintentional, that can matter to the charge. Examples include:
- Mistaken identity
- Contact that was not intended to cause harm
False Accusations
Some defendants face charges because of false allegations or misidentification. A careful investigation can uncover evidence that bears on the accusation.
Procedural Errors
Errors during arrest, booking, or evidence collection can be challenged, and some errors can lead to evidence being excluded.
The Role of an Assault and Battery Lawyer
Case Evaluation
A thorough review of your case is essential. Lawyers examine:
- Witness statements and photographs of injuries
- Medical records and private investigation findings
- Arrest warrants and law enforcement reports
Representation in Court
Your lawyer can:
- Explain and, when appropriate, negotiate plea offers
- Present arguments at trial and at sentencing
- Present mitigating factors for the court to consider
Protecting Rights
A lawyer works to see that your rights are protected at every stage, from arrest to appeals. This includes:
- Challenging unlawful arrests
- Addressing procedural errors
- Raising constitutional issues under state and federal law
Navigating Legal Procedures
Assault and battery cases can involve related issues, including:
- Criminal domestic violence and sexual assault laws
- Drug charges if substances are involved
- Mitigating factors for sentencing and probation
Frequently Asked Questions
What should I do if I am charged with assault or battery in Columbia, SC?
Contact a criminal defense lawyer promptly. Avoid speaking to law enforcement without legal guidance.
How can an assault and battery lawyer assist with my case?
A lawyer evaluates your case, explains the charge, reviews the evidence, and represents you in court. No lawyer can promise a particular result.
What are the potential penalties for assault and battery offenses?
Penalties depend on the degree. They range from up to 30 days for third degree to up to 20 years for assault and battery of a high and aggravated nature (S.C. Code Ann. § 16-3-600). A conviction also leaves a criminal record.
Can assault and battery charges be reduced or dismissed?
It depends on the facts, the evidence, and how the case was investigated. A lawyer can review the details and explain your options, but no one can promise that a charge will be reduced or dismissed.
Moving Forward with Confidence
Facing assault and battery charges in Columbia, SC, can be stressful, but you don’t have to navigate the process alone. Whether the charge is third degree assault and battery, domestic violence, or a more serious offense, Touma Law Group’s criminal defense lawyers can review your case and explain your options. If you or a loved one is dealing with assault charges, don’t wait. Reach out to Touma Law Group for a free initial consultation today.
