South Carolina doesn’t generally classify assault charges simply as “assault” versus “aggravated assault.” Instead, S.C. Code § 16-3-600 establishes four degrees of assault and battery, from third-degree assault and battery to assault and battery of a high and aggravated nature (ABHAN). The degree charged depends on the alleged conduct, injury, and incident circumstances.
At Beasley Tomlinson Law, our Greenville, SC, violent crimes defense attorneys review the alleged injury, incident circumstances, and evidence supporting the charged degree. We help you understand what you’re facing and how we can defend your case.
South Carolina’s main assault and battery statute is S.C. Code § 16-3-600. Rather than simply labeling offenses “assault” and “aggravated assault,” the statute establishes four levels: third-degree, second-degree, first-degree, and assault and battery of a high and aggravated nature. In general:
- Third Degree – A person unlawfully injures someone or offers or attempts to injure someone while having the present ability to do so.
- Second Degree – The alleged conduct involves moderate bodily injury, or moderate injury could’ve resulted, or involves certain nonconsensual touching.
- First Degree – The alleged conduct involves additional circumstances, such as certain offenses committed during a robbery, burglary, kidnapping, or theft, or an attempted injury accomplished by means likely to cause death or great bodily injury.
- ABHAN – The most serious assault and battery offense, involving great bodily injury or conduct accomplished by means likely to cause death or great bodily injury.
This distinction matters because moving from a misdemeanor to a felony can substantially change the potential consequences.
What Makes ABHAN More Serious?
Under S.C. Code § 16-3-600(B), ABHAN is a felony punishable by up to 20 years in prison. Prosecutors generally must prove that the defendant unlawfully injured another person and either that great bodily injury resulted or that the act was done through means likely to end in death or great bodily injury. Great bodily injury has a specific statutory meaning. It includes an injury creating a substantial risk of death or causing serious, permanent disfigurement or protracted impairment or loss of a body part or organ.
For instance, an allegation that someone intentionally struck another person with a weapon capable of causing fatal or catastrophic injury could raise ABHAN issues even if the victim ultimately didn’t suffer the most severe possible injury.
How Do the Penalties Compare?
The potential penalties become much more serious as the degree of assault and battery increases:
- Third-degree assault and battery is a misdemeanor punishable by jail time of up to 30 days, a fine of up to $500, or both.
- Second-degree assault and battery is a misdemeanor punishable by imprisonment of up to three years, a fine of up to $2,500, or both.
- First-degree assault and battery is a felony punishable by imprisonment of up to 10 years.
- Assault and battery of a high and aggravated nature (ABHAN) is a felony punishable by imprisonment of up to 20 years.
These are maximum statutory penalties, not automatic sentences. But the difference between the charges is substantial. What begins as an assault allegation can range from a misdemeanor carrying possible jail time to a felony carrying decades in prison.
Does a Serious Injury Automatically Mean ABHAN?
The injury is important, but it’s not the only issue. For ABHAN, § 16-3-600(B) also addresses whether the act was done through means likely to cause great bodily injury or death. That means the circumstances surrounding the alleged conduct can matter even when the victim’s actual injuries don’t fit the most extreme description.
Does Your Charge Fit What Actually Happened? Call Criminal Defense Attorneys in Greenville, SC
The difference between a lower-level assault and battery charge and ABHAN is more than terminology. It can affect whether you face a misdemeanor or felony, the potential sentence, and how your case proceeds in Greenville courts. Schedule your confidential consultation by calling Beasley Tomlinson Law at 864-775-5787 or contacting us online.