Assault & Battery

Assault and Battery of a High and Aggravated Nature

ABHAN is the most serious offense within this statutory assault-and-battery structure. 

It generally applies when someone unlawfully injures another person and either great bodily injury results or the act is accomplished by means likely to cause death or great bodily injury.

ABHAN is a felony punishable by up to 20 years in prison.

Assault and Battery in the First Degree

First-degree assault and battery can apply in several circumstances, including:

• Certain injuries occurring during robbery, burglary, kidnapping, or theft
• Certain attempts or offers to injure involving means likely to produce death or great bodily injury.

It is a felony punishable by up to 10 years in prison.

Assault and Battery in the Second Degree

Second-degree assault and battery generally involves an unlawful injury—or qualifying offer or attempt to injure—when moderate bodily injury results or could have resulted. Certain forms of nonconsensual touching can also fall within this degree.

It is a misdemeanor punishable by a fine of up to $2,500, imprisonment for up to three years, or both.

Assault and Battery in the Third Degree

Third-degree assault and battery generally applies when someone unlawfully injures another person or offers or attempts to injure another person with the present ability to do so, without the additional circumstances required for the higher degrees.

It is a misdemeanor punishable by a fine of up to $500, imprisonment for up to 30 days, or both.

Moderate Bodily Injury

The statute includes injuries involving circumstances such as prolonged loss of consciousness, temporary or moderate disfigurement, temporary loss of bodily function, fractures or dislocations, or certain injuries requiring more significant medical treatment.

Great Bodily Injury

Great bodily injury generally means an injury creating a substantial risk of death, serious permanent disfigurement, or prolonged loss or impairment of a bodily member or organ.

Self-defense can become a central issue when someone accused of assault says they were responding to a threat or protecting themselves or another person.

South Carolina recognizes legal protections for justified uses of force. Its Protection of Persons and Property Act also provides specific protections in certain circumstances involving homes, occupied vehicles, businesses, and attacks occurring in places where a person has a lawful right to be.

For example, state law provides that a person who is not engaged in unlawful activity and is attacked in a place where the person has a right to be may, under qualifying circumstances involving a reasonable belief of death, great bodily injury, or a violent crime, have no duty to retreat.

But simply saying “self-defense” does not automatically resolve a case. Questions may include:

• Who initiated the confrontation?
• Was force actually threatened?
• What level of force was used?
• Was the response reasonable under the circumstances?
• What do witnesses or video show?
• Did either person have injuries?
• What happened immediately before and after the incident?

The defense should be evaluated from the actual evidence rather than a label placed on the confrontation.

Conflicting Accounts

The person making the accusation and the accused may describe the incident very differently.

Witness Credibility

Witnesses may have limited viewpoints, inconsistent statements, personal relationships, or other reasons their testimony deserves closer examination.

Mistaken Identity

In crowded, fast-moving, or poorly documented incidents, there may be legitimate questions about who actually participated.

The Evidence Does Not Support the Charged Degree

Even when some physical contact occurred, the evidence may not support the injury level or additional circumstances required for the particular charge.

Video or Digital Evidence Contradicts the Allegation

Surveillance footage, text messages, photographs, or other records can sometimes provide context missing from an initial report.

What Should You Do After an Assault Arrest or Charge?

Be Careful About Discussing the Incident

Statements made to police, witnesses, the person making the allegation, or online can potentially become part of the case.

Follow Your Bond Conditions

If the court imposes restrictions involving contact, locations, weapons, or other conduct, take those conditions seriously even if you disagree with the allegations.

Preserve Your Evidence

Save relevant texts, photographs, videos, voicemails, social-media messages, and contact information for witnesses.

Do not alter or delete material simply because you believe it looks unfavorable.

Write Down What You Remember

Memories can fade quickly. A detailed timeline of what happened before, during, and after the incident may help your attorney understand the case.

Have the Charge Reviewed

An assault defense attorney can examine the actual charge, evidence, possible defenses, bond conditions, and what happens next.

How Sharpe & Leventis Approaches an Assault Case

We Start With Your Account

The arrest report is not the entire story. We begin by understanding what you say occurred and what led to the confrontation.

We Review the Charge Itself

The difference between third-degree assault and battery and a felony-level charge can be significant. We examine whether the evidence supports the elements and degree alleged.

We Look for Evidence Beyond the Police Report

Video, witnesses, messages, medical information, and other records may provide context that was missing when the arrest was made.

We Evaluate Defense Issues

Self-defense, credibility problems, conflicting evidence, the seriousness of the alleged injury, and other issues may affect how the case should be approached.

We Prepare for What Comes Next

Depending on the circumstances, that may involve bond issues, investigation, discussions with prosecutors, motions, negotiations, or trial preparation.