Overview
What to Expect in South Carolina If You're Charged with Assault
Being charged with assault and battery in South Carolina whether it's a minor scuffle or a serious injury case can carry consequences that follow you for years. South Carolina does not separate "assault" from "battery" the way some states do; both are prosecuted under one statute, with the seriousness of the charge determined by the degree of injury and intent. Understanding how the process works can help you stay calm and protect your rights from the start.
The Arrest
Law enforcement can arrest you based on probable cause a victim's statement, witness accounts, video footage, or injuries observed at the scene. Officers do not need to see the incident happen if there is enough evidence linking you to it.
Once arrested:
- You will be read your Miranda rights.
- You will be handcuffed, searched, and transported to a county detention center.
- Do not resist arrest, even if you believe the charge is unjustified — resisting can add separate charges.
- Remain silent. Politely invoke your right to an attorney from the Roach Law Firm and say nothing else. Anything you say can be used against you.
Bond Hearing
Most assault charges qualify for a bond hearing within 24 hours. A magistrate judge decides whether to release you and under what conditions, weighing:
- Seriousness of the charge (misdemeanor vs. felony)
- Whether you are a danger to the alleged victim or the community
- Criminal history
- Strength of the evidence
If the case involves a household member, a no-contact order is almost always a condition of release, even before any conviction.
Court Process
Misdemeanor assault charges (Third and Second Degree) are typically heard in Magistrate or Municipal Court. Felony charges (First Degree and ABHAN) go to General Sessions Court (Circuit Court). Common steps include:
- Arraignment: Formal charges are read; you usually plead “not guilty.”
- Discovery and Motions: Your attorney at Roach Law Firm reviews police reports, medical records, and any video evidence, and may file motions to suppress improperly obtained evidence.
- Negotiation: Many misdemeanor cases can be resolved through negotiation with the solicitor, sometimes without the charge ever reaching a jury.
- Trial or Plea: If no agreement is reached, the case proceeds to trial, where the state must prove guilt beyond a reasonable doubt.
Penalties for Assault Charges
South Carolina divides assault and battery into four levels under S.C. Code §16-3-600. The degree charged depends primarily on the extent of the injury — actual or threatened.
- Assault and Battery, Third Degree: Misdemeanor up to 30 days in jail and/or a $500 fine.
- Assault and Battery, Second Degree: Misdemeanor up to 3 years in jail and/or a $2,500 fine. Applies when moderate injury results (or was threatened), including unwanted touching of private areas.
- Assault and Battery, First Degree: Felony up to 10 years in prison. Applies when the act was likely to cause great bodily injury or death, or occurred during another crime such as burglary or robbery.
- Assault and Battery of a High and Aggravated Nature (ABHAN): Felony up to 20 years in prison. Applies when the victim actually suffers great bodily injury, or the act was carried out in a way likely to cause death or great bodily injury.
Additional consequences:
- A permanent record for felony-level convictions
- Loss of firearm rights (felony convictions)
- No-contact orders that may affect custody, housing, or work arrangements
- Immigration consequences for non-citizens
- Difficulty with employment, housing, and professional licenses
- Higher insurance rates
Important Advice: Contact an experienced South Carolina criminal defense attorney immediately at Roach Law Firm.
We can:
1
Attend the bond hearing
2
Investigate the incident, including witness statements and any video evidence
3
Raise defenses such as self-defense, defense of others, or lack of intent
4
Negotiate a reduction, dismissal, or diversion where available
Early intervention matters many assault cases can be resolved favorably before they ever reach a courtroom.
Final Thoughts
Assault charges can escalate quickly, especially in domestic or public-altercation cases where emotions run high. If you've been charged, stay calm, exercise your right to remain silent, and contact the Roach Law Firm right away. Outcomes depend heavily on the specific facts of your case, the extent of any injury, and how quickly you get legal representation involved.
Common Questions
DUI Defense FAQ
Quick answers to questions we hear most but every case is unique. Contact us for an assessment
specific to your situation.
What's the difference between "assault" and "battery" in South Carolina?
South Carolina doesn’t separate the two both fall under one statute, “Assault and Battery,” with the degree determined by the injury (actual or threatened). Simply put, threatening to injure someone and actually injuring them can both lead to charges, just at different degrees.
Can I be charged with assault if I never touched the other person?
Yes. Under South Carolina law, offering or attempting to injure someone with the present ability to do so is enough for a charge, even without physical contact. The degree depends on how serious the threatened harm was.
What if I was acting in self-defense?
Self-defense is one of the most common and effective defenses in assault cases, along with defense of others and lack of intent. Whether it applies depends on details like who initiated the encounter and whether the response was proportionate details your attorney will need to walk through with you early.
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