How Injury Severity Impacts Assault Charges
In South Carolina, the severity of an assault charge will depend on the level of injury sustained by the victim. The South Carolina legislature recognizes assault and battery (three different degrees) and assault and battery of a high and aggravated nature. Although an assault charge may be unfounded, the State may press charges if there is probable cause to believe that an assault occurred and you were the perpetrator.
False accusations of assault can ruin lives. At Ryan Beasley Law, we understand the fear that accompanies assault allegations. If you are facing assault charges, our Greenville violent crime attorneys would like to hear from you.
Assault in the Third-Degree
Unlawfully injuring, threatening to injure, or attempting to injure another person is charged as assault in the third degree. No physical touching needs to occur; an attempt or offer to injure someone qualifies, as long as you had the present ability to carry it out. The act must also be done without the other person’s consent. This is the base level charge, with kicking or punching another as prime examples. Third-degree assault is a Class C misdemeanor under state law, punishable by up to 30 days in jail and up to a $500 fine.
Assault in the Second-Degree
Third-degree assault, in combination with causing moderate bodily injury or nonconsensual touching of the victim’s private parts, is charged as second-degree assault. Assault in the second degree is a Class A misdemeanor (the most serious type of misdemeanor under state law). If convicted, you may be sentenced to up to three years in prison or fined up to $2,500.
Assault in the First-Degree
Assault in the first degree is defined as injuring, threatening to injure, or attempting to injure another person, and the act involves one of the following:
- Nonconsensual touching of another person’s private parts
- Occurred during a robbery, burglary, kidnapping, or theft
- The act is likely to cause great bodily injury or death
First-degree assault is a Class F felony, punishable by up to 10 years in prison.
Assault and Battery of a High and Aggravated Nature
Under SC Code §16-3-600(B)(3), assault and battery of a high and aggravated nature is one of the most serious assault charges under South Carolina law. This charge is applicable if you cause great bodily injury to another, or the act is likely to cause great bodily injury. Given the severity of the charge, it is commonly referred to as aggravated assault. A Class A felony, a guilty verdict comes with up to 20-years in prison.
Claiming Self-Defense
Under South Carolina law, you have a right to use reasonable force to protect yourself or others. The Stand Your Ground law makes no requirement to retreat if you are in a place in which you have a legal right to be. Lethal force is only permitted if you believe your life or another’s is in peril. Under South Carolina’s Protection of Persons and Property Act, if someone unlawfully and forcefully enters your home or occupied vehicle, the law presumes you had a reasonable fear of death or great bodily injury, justifying the use of deadly force.
Self-defense is a complete defense under South Carolina law. If the prosecution cannot disprove your claim of self-defense beyond a reasonable doubt, you are entitled to an acquittal. By claiming self-defense, you are not denying your actions but providing a legal justification for them. Legal defenses require that the defense provide sufficient evidence to support the claim (known as the burden of production). However, the burden falls back on the prosecution to disprove your claim beyond a reasonable doubt (known as the burden of persuasion).
Raising a legal defense necessitates a thorough understanding of court procedures, making it essential that you work with our Greenville violent crime lawyers.
Facing Criminal Allegations? Speak with Our Greenville Violent Crime Attorneys Now
Assault allegations come with serious consequences, including steep fines and extended periods behind bars. Thankfully, our Greenville violent crime lawyers can provide tenacious representation against assault charges. Our team of professionals will evaluate your situation to determine what defense strategies can help you achieve a favorable outcome. To arrange your consultation, contact Ryan Beasley Law online or by calling (864) 756-4204.