In South Carolina, a brief fight or confrontation can lead to an assault and battery charge, and a conviction can carry jail time and a lasting criminal record. If you were accused in Greenville, Beasley Tomlinson Law can help. Our violent crimes attorneys in Greenville, SC, can review the police report, witness accounts, video, and medical evidence to build a defense based on what happened.
South Carolina Has Several Assault and Battery Charges
South Carolina law divides assault and battery into three degrees, plus assault and battery of a high and aggravated nature (ABHAN), under S.C. Code § 16-3-600, with penalties increasing as the alleged conduct and injuries become more serious.
- Third Degree – For example, a person gets into an argument, pushes someone, and causes a minor physical injury. This misdemeanor carries up to 30 days in jail, a fine of up to $500, or both.
- Second Degree – A fight results in a broken nose or another moderate injury, or the conduct could have caused that type of injury. This misdemeanor carries up to three years in prison, a fine of up to $2,500, or both.
- First Degree – For example, an accused person allegedly injures someone during a robbery, burglary, kidnapping, or theft, or attempts to injure someone using means likely to cause death or great bodily injury. This felony carries a maximum sentence of 10 years in prison.
- Assault and Battery of a High and Aggravated Nature (ABHAN) – Someone allegedly injures another person, and the injury is great bodily injury, or the act was carried out by means likely to produce death or great bodily injury. This felony carries a maximum sentence of 20 years in prison.
The specific facts determine which degree the state charges and whether it can prove the required elements.
The Alleged Injury May Change the Assault Charge
A minor injury and a serious injury don’t necessarily lead to the same assault charge. South Carolina law distinguishes between bodily injury, moderate bodily injury, and great bodily injury. For example, a fracture or prolonged loss of consciousness can qualify as moderate bodily injury. In contrast, permanent disfigurement or a lasting loss of a body part’s function can qualify as great bodily injury. Medical records, photographs, and other evidence can become important when determining whether the charged offense matches the actual injury.
The Other Person’s Version is Not the Whole Assault Case
Assault cases often involve conflicting accounts. A person accused after a fight at a Greenville bar may say the other person started the confrontation. A witness may have seen only the final few seconds. A security camera might show what happened before the police arrived. Our attorneys can compare those accounts and look for evidence supporting self-defense, mistaken identification, accidental injury, or another recognized defense.
Video and Messages May Change What Police Think Happened
Evidence gathered after an arrest may tell a fuller story. Our assault lawyers may look for:
- Security camera footage
- Cellphone videos
- 911 recordings
- Text messages
- Social media messages
- Witness statements
- Photographs
- Medical records
- Physical evidence
For example, several phones may record an altercation near downtown Greenville, with each recording showing a different part of the incident. Finding and reviewing that material may reveal conduct that was missing from the initial police account.
Contact Our Assault Lawyers in Greenville, SC
An assault accusation doesn’t establish guilt. The state still must prove the charged offense, and the difference between what someone alleges and what the evidence actually shows may be significant. If you’re facing an assault charge, our attorneys at Beasley Tomlinson can examine the evidence, the alleged injury, the events leading to the confrontation, and the charge itself to build a defense focused on your case. For your confidential consultation, contact our firm online or at 864-775-5787.
