7 Questions About Assault Charges in South Carolina

All four different laws regarding assault in South Carolina describe assault as causing an unlawful injury to another individual or attempting to injure another individual, under S.C. Code Ann. § 16-3-600. Each offense is defined differently, as follows:

• Assault and battery in the third degree – A person unlawfully injures or attempts to injure another individual with the current physical ability to injure that person.
• Assault and battery in the second degree – A person unlawfully injures or attempts to injure another individual with the current ability to do so and moderate bodily injury to the victim did or could have resulted. Alternatively, this crime can be charged when a person touched another person in a sexual manner that was nonconsensual.
• Assault and battery in the first degree – There are several definitions for this particular crime. One definition is when a person unlawfully injures another individual in a way that involves sexual touching. Another definition is when a person unlawfully injures another individual while committing the crime of robbery, burglary, theft or kidnapping. Finally, if a person attempts to injure someone else with the current ability to do so and takes such action that is likely to result in great bodily injury or death or that happened while committing robbery, burglary, theft or kidnapping.
• Assault and battery of a high and aggravated nature – A person unlawfully injures another individual and causes great bodily injury to another individual or uses such actions that are likely to cause great bodily injury or death.

There may be a number of legal defenses that you can assert when facing charges for assault in South Carolina. Because you have the benefit of the presumption of innocence, it is the government’s job to prove your guilt. Defenses may include showing that your conduct did not meet the legal definition of the crime, such as:

• You did not have the current ability to act – In situations when you are charged with the crime of assault and battery based on your threat to cause harm, it is a possible defense if you were unable to cause the harm you threatened based on the specific circumstances.
• You did not cause the required degree of harm – Even if you did cause injury to the victim, you may not have hurt him or her enough to meet the definition of the felony categories. For example, second degree assault and battery in South Carolina requires “moderate bodily harm,” such as a fracture, disfigurement, prolonged loss of consciousness or the temporary loss of the use of a bodily organ. If the injury was a bruise, cut or other minor injury, the prosecutor may not be able to prove you committed all elements of the crime.
• You did not touch the person in the way described under the law – If you are charged with assault and battery because of nonconsensual sexual touching, the prosecutor has to prove you met this definition. This involves showing that you touched the genitals of the person above or under clothing or the breasts of a female in a lewd and lascivious manner.

Another common defense to assault and battery charges is self-defense. You have the right to protect yourself, your family and your property, so if these things were threatened, you may have a viable defense against these charges. Other possible defenses include challenging the credibility of government witnesses and questioning the validity of evidence.