We live in a somewhat confrontational society, and it is not uncommon in certain circumstances for tempers to flare and fights to break out. While years ago, a bar fight or a scuffle at a football game may have been resolved by law enforcement breaking up the fight and sending each party on their own way, today these types of altercations are more likely to have serious consequences. People who get into fights, regardless of whether or not the other person was injured, will likely find themselves facing serious criminal charges that could potentially result in fines, jail time, and a damaging criminal record that follows them through the rest of their lives. If you have been accused of assault, you need a strong legal defense . Depending on the particular circumstances surrounding the altercation, you could be facing either misdemeanor charges or a more serious felony criminal conviction.
Misdemeanor Assault and Battery
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Under South Carolina law , getting into or instigating a fight or physical altercation is classified as assault and battery. Under SC Code Section 16-3-600, there are two classifications of misdemeanor assault and battery charges:
- Assault and Battery in the Third Degree : This is a lesser charge that results from injuring or attempting to injure another person while having the personal ability to do so. This charge carries fines up to $500 and imprisonment up to 30 days.
- Assault and Battery in the Second Degree : This is a slightly more serious charge which occurs as the result of causing moderate injury to another person, or inappropriately touching another person in a sexual way without their consent. This carries a fine up to $2,500 and imprisonment of up to three years.
In addition to the above, you could be charged with assault or intimidation based on your actions against a person exercising their civil rights or someone having different political beliefs than you. A misdemeanor charge, this carries the potential for fines up to $1,000 and imprisonment up to two years.
Felony Assault and Battery
Under South Carolina laws on crimes against persons , felony assaults are very serious matters carrying heavy jails times. Classifications of felony assault and battery include:
- Assault and Battery in the First Degre e: Considered as a lesser offense to attempted murder, this involves inappropriately touching another or causing great personal injury to a person during the commission of crime such as theft, burglary, or kidnapping. If convicted, you may face imprisonment up to ten years.
- Assault and Battery of a High and Aggravated Nature (ABHAN) : Charges of ABHAN occur when an assault causes great personal injury to the other party, accomplished in such a way as to cause death or great bodily injury. ABHAN often involves the use of a weapon or an instrument used as a weapon, such as a metal pipe or baseball bat. The penalty for ABHAN is up to 20 years in jail.
If convicted of a felony, the judge will likely look at any prior criminal behavior, as well as circumstances surrounding the crime, such as the age of the victim or when the crime occurred, in determining sentencing. A prior record and aggravating circumstances could result in increased jail time for these offenses.
Contact Our Experienced Criminal Defense Attorney Today
If you are facing either misdemeanor or felony criminal assault charges, contact our experienced South Carolina criminal defense attorney right away. Greenville attorney Lauren M. Taylor understands the serious nature of these charges, and the potential ramifications they can have on both your personal freedom as well as your record. We provide aggressive legal representation to ensure your rights are protected, while strategizing the best course of defense in your particular case. The office of Lauren Taylor Law serves all of Greenville and the Upstate area, so call or contact us online today for a free review of your case.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.