In South Carolina, assault and battery mean injuring another person, attempting to injure someone else or cause reasonable fear of imminent harm. The state also distinguishes between several degrees of assault and battery – with the lowest level offense being a misdemeanor, while the highest level is considered a felony.
The following are the four degrees of assault and battery in South Carolina:
Assault and battery in the third degree – Also known as simple assault, this offense occurs when someone unlawfully injures or attempts to harm another individual. Third-degree assault is a misdemeanor, punishable by a maximum jail term of 30 days and/or a fine of up to $500.
Assault and battery in the second degree – This offense occurs when someone unlawfully injures or attempts to harm someone else and causes moderate bodily injury to the individual. Second-degree assault also means unwanted touching of private parts. This offense is a felony that carries a prison term of up to three (3) years and/or a maximum fine of $2,500.
Assault and battery in the first degree – This offense occurs when someone unlawfully injures or attempts to harm another person through actions likely to cause great bodily injury or death. Injuries inflicted as a result of kidnapping, burglary robbery, or theft are also considered first-degree assault. This offense is a felony, punishable by imprisonment for up to ten (10) years.
Assault and battery of a high and aggravated nature – This offense is considered the most serious form of assault, but a lesser offense of attempted murder and includes causing grave injury. Aggravated assault is a felony that carries a maximum prison sentence of 20 years.
If you or a loved one has been charged with a violent crime in Lexington or Columbia, SC, contact the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301 to learn how our firm can help you. Schedule a free consultation today!