South Carolina Violent Crimes Lawyer

South Carolina Assault and Battery Law

Violent crimes or assault charges are those where an individual is accused of harming, or attempting to harm, another human being. Violent Crimes range from Assault 3rd Degree or Simple Assault, which is prosecuted in the Magistrate Court and carries a possible sentence of up to thirty days imprisonment, through Murder which is prosecuted in the Court of General Sessions and carries a possible sentence of thirty years to life imprisonment or the death penalty.

James Snell is available to assist those charged with a Violent Crime in South Carolina. If you, or a loved one, is accused of causing or participating in an injury or a death then you should immediately obtain the services of a Criminal Defense Attorney who is knowledgeable with Violent Crimes. Please call James Snell for your free case evaluation.

What follows is a list of the more common Violent Crimes:

3rd Degree Assault
S.C. Code § 16-3-600(E)

South Carolina has replaced Simple Assault and Battery with the adoption of the new assault statute for cases arising after June 7, 2011. Assault 3rd Degree is a misdemanor offense punishable by a fine of over $1,000 or up to thirty days in jail. It is typically prosecuted in the Magistrate or Municipal Court by either a prosecutor or the arresting police officer.

In order to be convicted of 3rd Degree Assault the State must prove, beyond a reasonable doubt, that the defendant did or attempted to unlawfully injury another person.

2nd Degree Assault
S.C. Code § 16-3-600(D)

Assault 2nd Degree is a new offense in South Carolina created by the legislature for offenses occuring after June 7, 2011. It is a misdemeanor but is punishable by up to three years in the South Carolina Department of Corrections. It is prosecuted in General Sessions by the Solicitor's Office.

Assault 2nd differs from Assault 3rd in that moderate physical injury must be attempted or done or there is nonconsensual touching of private parts either above or below clothing.

3rd Degree Assault
S.C. Code § 16-3-600(C)

Assault 1st Degree is a felony and is punishable by up to ten years in the South Carolina Department of Corrections. The statute is vialated when a defendant touches someone with lewd intent, causes a physical injury while committing a listed felony or was accomplished with means likely to produce a great injury or death.

Simple Assault and Battery

Simple Assault is a misdemeanor, punishable by either a fine or up to thirty days in jail. It is prosecuted in the Magistrate Court and ordinarily by the arresting police officer. There is no requirement that anyone is actually injured to be convicted of Simple Assault, only that one attempted to cause an injury to another with the ability to do so. If an injury actually occurs, the offense may be Assault and Battery.

South Carolina's Simple Assault law has been replaced by the new criminal offenses of Assault 1st, Assault 2nd and Assault 3rd. This creates a multi-tiered system of assault charges and is a fundamental change from Somple Assault or ABHAN.

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

Assault and Battery of a High and Aggravated Nature, or ABHAN, is a misdemeanor, punishable by either a fine in the Court's discretion or up to ten years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. Under South Carolina law there has to be an aggravating factor to the assault, such as the use of a deadly weapon or infliction of severe bodily injury. Under South Carolina law sticks, shovels, gasoline, automobiles, knives and firearms have all been found to be deadly weapons.

Mayhem

Mayhem is a felony, punishable by three months to ten years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. It is different from an ordinary Assault and Battery of a High and Aggravated Nature in that the victim must be mutilated with a resulting disabling injury. For example, if a victim received a broken leg and would permanently walk with a limp this may be sufficient to constitute the offense of Mayhem.

Attempted Poisoning with Intent to Kill
S.C. Code § 16-3-60

Attempted Poising with Intent to Kill is a felony, punishable by up to twenty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office.  The State must prove that one intended on providing a poison or other dangerous substance, and it is not sufficient if the poisoning was simply accidental.

Assault and Battery with Intent to Kill
(ABWIK)
S.C. Code § 16-3-620

Assault and Battery with Intent to Kill, or ABWIK, is a felony, punishable by up to twenty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense comprises all of the elements to murder, just without the death of the victim. There is no requirement through that one had the intent to kill another, only to inflict severe physical harm.

Involuntary Manslaughter
S.C. Code § 16-3-60

Involuntary Manslaughter is a felony, punishable by up to five years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. It is the unintentional killing of another with criminal negligence.  Criminal negligence is defined as the reckless disregard for the safety of others.  

Voluntary Manslaughter
S.C. Code § 16-3-50

Voluntary Manslaughter is a felony, punishable by two to thirty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense is different from murder in that the killing was not premeditated, but rather was done in the heat of the moment.

Lynching
S.C. Code § 16-3-210

Lynching is a felony, punishable by up to twenty years imprisonment in cases where the victim did not die. If the victim died then execution, or a sentence of five to forty years. It is prosecuted in the Court of General Sessions by the Solicitor's Office. It is an act of violence committed by two or people against a victim, acting together, which results in either the death or physical injury to the victim.

Murder
S.C. Code § 16-3-10

Murder is a felony, punishable by either execution, life imprisonment or a minimum sentence of no less than thirty years. It is prosecuted in the Court of General Sessions by the Solicitor's Office. In order to be executed there must be found to be aggravating factors, such as a prior conviction for murder, or the torture or sexual assault of the victim.

Homicide by Child Abuse
S.C. Code § 16-3-85

Homicide by Child Abuse is a felony, punishable by twenty years to life imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. The victim must be under the age of eleven, and the State must show either that the child was abused or neglected in such a manner  as to show no regard for the child's life.

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