In everyday speech, assault means threatening or attempting to hurt someone, and battery means actually making harmful or offensive contact. South Carolina does not charge them as two separate offenses. Its statute, S.C. Code Ann. § 16-3-600, defines four levels of assault and battery based on what the person did and how serious the injury was or could have been. 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).
- Third degree assault and battery: a misdemeanor, up to 30 days in jail, a fine of up to $500, or both
- Second degree assault and battery: a misdemeanor, up to 3 years in jail, a fine of up to $2,500, or both
- First degree assault and battery: a felony, up to 10 years in prison
- Assault and battery of a high and aggravated nature: a felony, up to 20 years in prison
Assault and battery of a high and aggravated nature applies when a person unlawfully injures another person and great bodily injury results, or when the act is accomplished by means likely to produce death or great bodily injury. A person who, with intent to kill, attempts to kill another with malice aforethought can be charged separately with attempted murder, a felony punishable by up to 30 years with no suspension and no probation (S.C. Code Ann. § 16-3-29). Criminal sexual conduct, including what many people call rape, is charged under its own statutes and not as assault and battery (S.C. Code Ann. §§ 16-3-651 to 16-3-659.1).
Third degree and second degree are misdemeanors under the statute. First degree and the high and aggravated nature offense are felonies.
What if Battery Does Not Cause Bodily Harm?
An injury is not always required. Third degree assault and battery covers a person who unlawfully injures another person or who offers or attempts to injure another person with the present ability to do so. Second degree covers cases in which moderate bodily injury results or could have resulted, and cases that involve the nonconsensual touching of the private parts of a person, either under or above clothing (S.C. Code Ann. § 16-3-600).
When the other person is a household member, the conduct is charged under the domestic violence statute instead. 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. A person holding family members at gunpoint, for example, can face charges under S.C. Code Ann. § 16-25-20 and the firearm statutes, whether or not anyone is hurt. Our page on firearm charges explains the weapons side.
What if the Alleged Victim Is a Child, an Older Adult or a Household Member?
Different statutes can apply depending on who is involved. Harm to a household member is charged under the domestic violence statutes, which provide for up to 20 years for domestic violence of a high and aggravated nature (S.C. Code Ann. § 16-25-65). The list of violent crimes in S.C. Code Ann. § 16-1-60 also names inflicting great bodily injury upon a child, abuse or neglect of a vulnerable adult resulting in great bodily injury or death, and armed robbery. Those are separate offenses with their own statutes and penalties, and a lawyer must review the exact statute named in a warrant or indictment.
What if You Have Been Incorrectly Charged?
The facts alleged, and not only the label on the warrant, decide which degree applies. The statute turns on whether great bodily injury or moderate bodily injury resulted or could have resulted, whether the act was accomplished by means likely to produce death or great bodily injury, and whether it happened during a robbery, burglary, kidnapping or theft (S.C. Code Ann. § 16-3-600). The State must prove each element of the charged degree beyond a reasonable doubt.
Each lesser degree is a lesser-included offense of the more serious ones, so a person charged with a higher degree can be convicted of a lower one instead. A lawyer can compare the facts in the warrant or indictment with the statute and the evidence, and can look at whether the charge fits what the evidence shows. If you think the charge is higher than it should be, or you believe the accusation is false, speak with a licensed criminal defense attorney in Greenville as soon as possible.
What to do if You are Arrested for Assault and Battery
Your case begins the moment you are read your rights and arrested. Anything you say can be used against you in court (Miranda v. Arizona, 384 U.S. 436 (1966)). If you are arrested for alleged assault or battery, you can exercise your right to remain silent.
You may be asked for basic information such as your name or your ID, but you are not required to answer questions about the case. If officers ask you questions, you can politely say that you wish to remain silent and would like to speak to an attorney.
While you do not have to answer questions, you should obey the lawful orders of the arresting officers. Refusing to follow lawful orders can lead to additional charges, such as resisting arrest (S.C. Code Ann. § 16-9-320), and can give the prosecution evidence to use against you in court.
You should, however, stay alert and take in what you can. Anything you remember or notice, such as cameras that may have recorded the incident or people who may have witnessed it, can help your attorney review your case.
Let Us Work for You
Touma Law Group is a criminal defense law firm that handles assault and battery cases. During your initial consultation, we will listen to your story, look at the evidence you have gathered, explain how the process works in South Carolina, and discuss possible defenses and your options, including whether a plea offer is worth considering. No lawyer can promise a particular result, and the right approach depends on the facts and the charge.
At Touma Law Group we know that these criminal charges are serious and that a conviction can affect your criminal record. An arrest for assault does not have to be the end of the story. A lawyer can explain the charge and what the law says about your options.
