Charged with Assault & Battery in South Carolina?
Consider a criminal defense attorney who’s also a former prosecutor.
Facing criminal charges is very difficult, and it is not something you want to take lightly or go through alone.
From affecting employment to losing your freedom, the consequences of being convicted for an assault & battery charge in South Carolina will impact your life forever.
For example, if you’re convicted of an assault & battery charge you could lose your job, your right to vote, your right to own a firearm, financial aid and more. Not to mention, if you are in the military, you could face further penalties and ultimately be discharged from service.
As you can imagine, a conviction would change your life forever and unfortunately there’s more.
If you’re convicted of assault & battery in SC you face the one of the following sentences:
Assault & Battery of a High and Aggravated Nature (ABHAN)
Assault & Battery, 1st Degree
- ABHAN is when actual injury was caused to the victim and either: “great bodily injury” resulted or the act occurred in a way that was likely to cause death or great bodily injury.
- ABHAN convictions are felonies and carry a jail sentence of 0-20 years
Assault & Battery, 2nd Degree
- A&B 1st Degree occurs when the victim is injured and the act involved either: touching of the private parts of the body without the victim’s consent with lewd intent or the act occurred during a robbery, burglary, kidnapping, or theft. (link to sexual assault landing page here!!)
- A&B 1st Degree is also when the accused offers or attempts to injure the victim with the ability to do so and either: it is accomplished in a way that is likely to cause death or great bodily injury, or occurs during a robbery, burglary, kidnapping, or theft.
- 1st Degree A&B carries a jail sentence of 0-10 years and is a felony
Assault & Battery, 3rd Degree
- A&B, 2nd Degree occurs when the accused injures the victim, or offers or attempts to injure the victim with the ability to do so, and either: moderate bodily injury could have or did actually result, or the act involved the touching of the private parts of the body without the victim’s consent.
- 2nd Degree A&B convictions carry 0-3 years in jail, and/or a fine up to $2,500
- A&B 3rd Degree happens when the accused injures the victim, or offered or attempted to injure the victim with the present ability to do so.
- 3rd Degree A&B could mean up to 30 days in jail and/or a fine up to $500. Assault & Battery in the 2nd and 3rd Degrees are misdemeanors
What About Prior Convictions?
Prior convictions could mean even harsher penalties due to South Carolina’s Two Strikes/Three Strikes Law.
For example, if you’re convicted of a “most serious” offense like Assault and Battery by Mob, 1st Degree and you have a prior conviction for a “most serious” offense such as Armed Robbery, then you’re facing a life sentence without the possibility of parole.
Or, if you have prior convictions for TWO “serious offenses” like Trafficking in Controlled substances and are now charged with another “serious offense” like Assault and Battery of High and Aggravated Nature, you’re facing a life sentence without the possibility of parole.
Can the victim in my Assault & Battery case ask for the charge to be dropped?
A victim can always ask for the charge to be dismissed, but the case will not necessarily be dropped that easily, or at all. Once the solicitor decides to indict, the decision to dismiss a case is up to the State. While it is helpful for a victim to be involved in a case, it is not necessary. So even if a victim wants a case to be dismissed it may not be done.
Will an Assault & Battery conviction show up on my background check?
Yes! An Assault & Battery conviction will most definitely show up on your background check. It is very important to have an experienced criminal attorney on your side to help you through this process. A conviction for Assault & Battery can follow you for the rest of your life, so you should take it very seriously, and hire a serious attorney like Lori Murray.
When should you speak with an attorney?
You should talk to an attorney about your case right away! The more time that an attorney has to work on your case the better. Having the right amount of time can have huge benefits. It could mean the difference between working out a good plea offer with the prosecutor or not being able to agree on a deal at all.
Let's Talk About Your Assault & Battery Charges
If you’d like to speak with a Columbia, SC Assault & Battery Lawyer and former prosecutor that represents people for criminal offenses in Columbia, SC and surrounding areas call 803.779.4472 and ask for Lori Murray, or use this form to send her an email.