What You Need to Know About Your Rights and Defense
Facing an assault and battery charge in Orangeburg, South Carolina, can be an overwhelming and stressful experience. These are serious allegations that carry significant consequences, from hefty fines to lengthy prison sentences. The legal system is complex, and understanding the specifics of your charge is the first critical step toward building a strong defense. Whether it resulted from a misunderstanding, a barside disagreement, or an escalated argument, a conviction can permanently alter your life. Having a zealous and knowledgeable legal advocate on your side is not just a benefit—it is a necessity.
In South Carolina, the terms “assault” and “battery” are often used together, but they can refer to distinct actions. “Assault” can be an attempt or threat to injure another person, creating a fear of imminent harm, while “battery” typically involves actual physical contact. The state combines these into a single offense, “assault and battery,” which is categorized into different degrees based on the severity of the alleged act and the level of injury. These classifications determine whether you face a misdemeanor or a felony, dictating the potential penalties and the course of your legal battle.
Breaking Down the Degrees of Assault and Battery in SC
South Carolina law categorizes assault and battery charges into four main types, each with its own set of criteria and potential punishments. It is crucial to understand which charge you are facing to appreciate the seriousness of the situation.
Assault and Battery in the Third Degree (Simple Assault)
This is the least severe charge and is classified as a misdemeanor. It involves an unlawful injury to another person, or an attempt or offer to injure them with the present ability to do so. Examples could include a slap, a shove, or pulling someone’s hair. Even if no physical contact occurs, a credible threat can lead to this charge. A conviction carries a penalty of up to 30 days in jail, a fine of up to $500, or both.
Assault and Battery in the Second Degree
This charge, also a misdemeanor, is more serious. It applies when the act results in, or could have resulted in, “moderate bodily injury.” This can include injuries requiring stitches, causing a fracture, or a temporary loss of consciousness. Additionally, the non-consensual touching of another person’s private parts, whether under or over their clothing, falls under this category. Penalties for a conviction can include up to three years in prison and a fine of up to $2,500.
Assault and Battery in the First Degree
This is a felony offense with severe penalties. An act qualifies as first-degree assault and battery if it involves the non-consensual touching of private parts with lewd intent, or if the assault occurs during the commission of another serious crime like robbery, burglary, or kidnapping. It also applies if the action was likely to produce great bodily injury or death. A conviction can lead to imprisonment for up to ten years.
Assault and Battery of a High and Aggravated Nature (ABHAN)
ABHAN is the most serious assault and battery charge and is a violent felony. This charge is warranted when an unlawful injury results in “great bodily injury” (such as permanent disfigurement or loss of a limb) or when the act was accomplished by means likely to cause death or great bodily injury. The penalty for an ABHAN conviction can be up to 20 years in prison.
Building a Defense Against Assault Charges
An arrest is not a conviction. The prosecution has the burden of proving your guilt beyond a reasonable doubt. A skilled criminal defense attorney can scrutinize every aspect of your case to build a powerful defense. Common defense strategies include:
- Self-Defense: South Carolina law allows individuals to use reasonable force to protect themselves from harm. To claim self-defense, you must show you had a reasonable belief of imminent danger and used proportional force.
- Defense of Others or Property: You may also be justified in using force to protect another person or your property from harm.
- Lack of Intent: The prosecution must often prove you intended to cause harm. If the injury was accidental or unintentional, it could be a valid defense.
- False Accusations or Mistaken Identity: Charges can arise from misunderstandings or false allegations. Challenging the credibility of the accuser and presenting evidence to the contrary is a key strategy.
- Consent: In some situations, it may be argued that the other party consented to the physical contact, such as in a mutual fight.
An experienced attorney can analyze the evidence, interview witnesses, and negotiate with prosecutors, potentially leading to reduced charges or a complete dismissal of your case.
Local Legal Counsel in Orangeburg, SC
When you’re facing criminal charges in Orangeburg, having a local attorney who understands the community, the local court system, and the prosecutors is invaluable. Belinda Davis-Branch has served the Orangeburg community for years, providing caring, affordable, and zealous representation. We understand that this is more than just a legal case; it’s your life and your future. We are committed to protecting your rights and fighting for the best possible outcome.
Did You Know?
Under South Carolina’s “Stand Your Ground” law, you have no duty to retreat from a threat if you are in a place you have a legal right to be. You can use force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily injury to yourself or others. This can be a critical element in a self-defense case.
Don’t Face Assault and Battery Charges Alone
Your future is on the line. Get the experienced, compassionate, and dedicated legal representation you deserve. Contact the Law Office of Belinda Davis-Branch today to protect your rights.
Frequently Asked Questions
Can I be charged with assault if I never touched the person?
Yes. In South Carolina, an assault can be an attempt or offer to injure someone that causes them to fear immediate harm, even with no physical contact. This is often part of a Third Degree Assault and Battery charge.
What is the difference between a misdemeanor and a felony assault charge?
The main differences are the severity of the potential punishment and the long-term consequences. Felonies, such as First Degree Assault or ABHAN, carry prison sentences of more than a year and can result in the loss of civil rights, like the right to own a firearm. Misdemeanors, like Third and Second Degree Assault, have lesser penalties but can still result in jail time and a permanent criminal record.
Should I talk to the police if I’m accused of assault and battery?
It is always advisable to speak with a qualified attorney before making any statements to law enforcement. You have the right to remain silent and the right to legal counsel. Anything you say can be used against you, so securing legal advice first is the best way to protect your rights.
Can an assault and battery charge be expunged from my record in South Carolina?
Eligibility for expungement depends on the specific charge and the outcome of the case. In general, if your charge was dismissed or you were found not guilty, you can have the arrest record expunged. For convictions, only certain first-offense misdemeanors are eligible for expungement after a waiting period. Felony convictions are typically not eligible. An attorney can advise you on your specific circumstances.