Assault and Battery in the Second Degree is a serious criminal charge in South Carolina. Although it is classified as a misdemeanor under state law, it is prosecuted in General Sessions Court and carries a maximum penalty of three years in prison. A conviction can result in a permanent criminal record and long-term consequences affecting employment, background checks, and reputation.
If you have been charged with Assault and Battery 2nd Degree in Lexington, Columbia, or anywhere in South Carolina, it is important to understand the law, the possible penalties, and the available defense strategies.
The South Carolina Assault and Battery 2nd Degree Statute
Assault and Battery 2nd Degree is defined by S.C. Code Ann. § 16-3-600(D). A person may be charged under this statute in two primary ways.
First, the charge may apply if a person unlawfully injures another person, or attempts to injure another person with the present ability to do so, and moderate bodily injury results or could have resulted.
Second, the charge may apply if the alleged act involves the nonconsensual touching of the private parts of another person, either under or above clothing.
These two pathways mean that Assault and Battery 2nd Degree can involve either physical injury or allegations of nonconsensual sexual touching.
This charge is prosecuted in General Sessions Court and carries a maximum penalty of three years in prison, a fine of up to $2,500, or both.
What Is “Moderate Bodily Injury”?
One of the most important legal issues in Assault and Battery 2nd Degree cases is whether the alleged injury qualifies as “moderate bodily injury” under South Carolina law.
Moderate bodily injury generally refers to injuries that require medical treatment or involve more significant harm than minor injuries such as bruises or temporary pain. Examples may include injuries requiring stitches, fractures, loss of consciousness, or injuries that result in temporary but substantial impairment.
In many cases, the classification of the injury is a key issue in determining whether the charge is appropriate or whether it should instead be classified as Assault and Battery 3rd Degree.
Assault and Battery 2nd Degree Charges Involving Nonconsensual Touching
A smaller but significant number of Assault and Battery 2nd Degree charges arise from allegations of nonconsensual touching, including groping, fondling, or other sexual touching without consent. This includes touching older children (16 and up) in the home in situations that would otherwise be charged as criminal sexual conduct with a minor 3rd degree.
These charges may arise in a variety of situations, including interactions between acquaintances, individuals in the same household, or strangers in public settings.
These cases must be taken especially seriously. In addition to criminal penalties, the court or prosecutor may seek placement on the sex offender registry depending on the circumstances of the case.
Defense strategies in these cases may include careful investigation, analysis of witness credibility, and, in appropriate cases, consultation with forensic psychologists to evaluate the circumstances and allegations.
How Common Is Assault and Battery 2nd Degree in Lexington and Columbia?
Assault and Battery 2nd Degree is less common than Assault and Battery 3rd Degree, which is typically handled in Magistrate or Municipal Court. However, it is still a regularly charged offense in General Sessions Court in Lexington County, Richland County, and surrounding areas.
South Carolina law recognizes four primary assault and battery charges:
Assault and Battery 3rd Degree, which is a misdemeanor handled in Magistrate or Municipal Court
Assault and Battery 2nd Degree, which is prosecuted in General Sessions Court and carries up to three years in prison
Assault and Battery 1st Degree, which is a felony carrying up to ten years in prison
Assault and Battery of a High and Aggravated Nature (ABHAN), which is a felony carrying up to twenty years in prison
Assault and Battery 2nd Degree represents a mid-level offense in this statutory structure, but it still carries serious consequences.
Common Situations Leading to Assault and Battery 2nd Degree Charges
Many Assault and Battery 2nd Degree cases involve individuals who know each other, including friends, family members, or acquaintances. These cases often arise from arguments or disputes that escalate.
Some cases involve bar fights or altercations between strangers in public settings.
In many situations, the charge is filed after one of the individuals seeks medical treatment. The existence of medical treatment is often a key factor in elevating a charge from Assault and Battery 3rd Degree to Assault and Battery 2nd Degree.
Are Assault and Battery 2nd Degree Charges Sometimes Overcharged?
In some cases, law enforcement may charge Assault and Battery 2nd Degree based on limited or incomplete information. Careful review of medical records and other evidence may show that the alleged injuries do not meet the statutory definition of moderate bodily injury.
In other cases, the evidence may not establish that any criminal assault occurred at all.
A proper defense requires careful analysis of both issues: whether an assault occurred, and if so, whether the degree of the charge is appropriate.
Common Defenses to Assault and Battery 2nd Degree Charges
There are many possible defenses depending on the facts of the case.
Self-defense may apply where a person acted to protect themselves.
Mutual combat may be an issue in cases involving fights between individuals where both parties voluntarily participated.
Some cases involve exaggerated or unverified injury claims.
Witness credibility is often a critical issue. Witnesses may be friends or family members of the alleged victim, and their testimony may reflect bias or incomplete information.
In many cases, defense-oriented investigation, including interviewing witnesses and reviewing available evidence, is essential to building a strong defense.
Many Cases Depend on Witness Credibility and Investigation
Some Assault and Battery 2nd Degree cases involve video evidence or physical documentation. However, many cases primarily involve witness statements and conflicting accounts of what occurred.
Defense investigation may involve interviewing witnesses, examining physical evidence, reviewing medical records, and identifying inconsistencies in witness statements.
In appropriate cases, licensed private investigators and expert witnesses may be used to assist in developing the defense.
Possible Outcomes in Assault and Battery 2nd Degree Cases
Every case is different, and outcomes depend on many factors, including the strength of the evidence, the alleged injuries, and the background of the individuals involved.
Possible outcomes may include dismissal of the charge, reduction to Assault and Battery 3rd Degree, participation in Pre-Trial Intervention, or resolution in Transfer Court, which is a special term of General Sessions presided over by a magistrate judge.
In some cases, charges may be contested at trial. While no lawyer can promise or guarantee any specific outcome, if your case is not dismissed or reduced to your satisfaction we will not hesitate to take it to trial.
Factors prosecutors often consider include prior criminal record, the relationship between the parties, the level of proof, and the seriousness of the alleged injuries.
Difference Between Assault and Battery 2nd Degree and 3rd Degree in South Carolina
Assault and Battery 3rd Degree is the lowest-level assault charge and is handled in Magistrate or Municipal Court. It carries a maximum penalty of 30 days in jail.
Assault and Battery 2nd Degree is more serious. It is prosecuted in General Sessions Court and carries a maximum penalty of three years in prison. It generally involves more significant injuries or allegations of nonconsensual touching.
Assault and Battery 1st Degree and ABHAN are felony offenses carrying even greater penalties.
The classification of the charge can have a major impact on the potential penalties and long-term consequences.
Long-Term Consequences of a Conviction
A conviction for Assault and Battery 2nd Degree can result in a permanent criminal record.
This can affect employment opportunities, professional licensing, and background checks.
Because the offense carries a potential sentence of more than one year, it may be treated as a serious offense by courts or prosecutors in other jurisdictions, even if no jail time was imposed.
These consequences make it important to take the charge seriously and to carefully evaluate defense options.
What to Do If You Are Charged with Assault and Battery 2nd Degree
If you are charged, it is important to remain silent and avoid making statements to law enforcement until you have consulted with an attorney.
You should follow all bond conditions, including any no-contact provisions.
You should keep all paperwork you receive from the court and bring it with you when consulting with an attorney.
Early involvement by a defense attorney can make a meaningful difference in evaluating the case and determining the best course of action. If we are retained quickly enough after your arrest we can also request a preliminary hearing on your behalf.
Assault and Battery 2nd Degree Defense Lawyer in Lexington and Columbia, South Carolina
The Law Office of James R. Snell, Jr., LLC, has over 20 years of experience representing clients charged with misdemeanor and felony assault charges, including Assault and Battery 2nd Degree, in Lexington, Columbia, and throughout South Carolina.
We conduct thorough investigations, evaluate the evidence, and work to obtain the best possible outcome for each client.
We offer free consultations, and same-day appointments are typically available. If you have been charged with Assault and Battery 2nd Degree, call (803) 359-3301 to discuss your case.
Every case is unique. Prior results do not guarantee a similar outcome in future cases.