What You Need to Know to Protect Your Rights
Facing assault and battery charges in Denmark, South Carolina, can be an overwhelming and frightening experience. These allegations carry serious consequences that can impact your freedom, finances, and future. Understanding the specific laws in our state is the first step toward building a strong defense. While often used interchangeably, “assault” and “battery” are distinct concepts under the law, though South Carolina consolidates them into a single criminal charge. This guide will break down the different degrees of assault and battery, potential penalties, and crucial defense strategies to help you navigate this challenging time.
The Distinction Between Assault and Battery
In many jurisdictions, assault and battery are treated as separate offenses. Generally, assault refers to the act of creating a reasonable fear of imminent bodily harm in another person. Battery, on the other hand, is the actual unlawful, physical contact or touching of another person without their consent. However, South Carolina law, under S.C. Code Ann. § 16-3-600, combines these two acts into one charge. This means that whether you made a credible threat of harm or actually caused physical injury, you can be charged with assault and battery. The severity of the charge depends heavily on the circumstances, the level of injury, and your intent.
It is this nuance that makes having a knowledgeable legal advocate essential. An experienced criminal defense attorney can dissect the specifics of your case to challenge the prosecution’s claims effectively.
Degrees of Assault & Battery in South Carolina
South Carolina law categorizes assault and battery charges into different degrees, ranging from misdemeanors to serious felonies. The penalties upon conviction vary significantly based on the classification. Here’s a breakdown of the different charges:
Assault and Battery in the Third Degree (Simple Assault)
This is the least severe charge, classified as a misdemeanor. It typically involves an unlawful injury, an attempt to injure someone, or a threat of injury with the apparent ability to carry it out.
- Penalty: A fine of up to $500, up to 30 days in jail, or both.
Assault and Battery in the Second Degree
Also a misdemeanor, this charge is more serious and applies when an act results in (or could have resulted in) “moderate bodily injury.” It also includes the non-consensual touching of a person’s private parts.
- Penalty: A fine up to $2,500, up to three years in prison, or both.
Assault and Battery in the First Degree
This is a felony offense. A person can be charged with first-degree assault and battery if the act involves the non-consensual touching of private parts with lewd intent, occurs during the commission of another serious crime (like robbery or kidnapping), or is accomplished by means likely to cause death or “great bodily injury.”
- Penalty: Up to 10 years in prison.
Assault and Battery of a High and Aggravated Nature (ABHAN)
ABHAN is the most severe charge, also a felony. This charge applies when an unlawful injury results in great bodily harm or is committed in a way that is likely to produce death or great bodily injury.
- Penalty: Up to 20 years in prison.
Potential Defenses to Assault and Battery Charges
An arrest is not a conviction. The prosecution has the burden of proving your guilt beyond a reasonable doubt. A skilled South Carolina criminal defense attorney can build a robust defense strategy tailored to the facts of your case. Common defenses include:
- Self-Defense: This is one of the most common defenses. To be successful, you must show that you reasonably believed you were in imminent danger of harm, did not provoke the attack, and used only the force necessary to protect yourself. South Carolina’s “Stand Your Ground” laws can be a critical component of this defense.
- Defense of Others: Similar to self-defense, you may be justified in using force to protect another person who is facing an immediate threat of harm.
- Lack of Intent: The prosecution must prove you intended to commit the act. If the contact was accidental or unintentional, it may not meet the legal standard for assault and battery.
- Consent: In some limited situations, it can be argued that the other party consented to the physical contact, such as in a mutual fight.
- Misidentification: Eyewitness testimony is not always reliable. Your defense may involve proving you were not the person who committed the alleged offense, possibly through an alibi or other evidence.
Navigating these defenses requires a deep understanding of legal precedent and courtroom procedure, which is why professional legal representation is invaluable.
Why You Need a Local Denmark, SC Attorney
When you’re facing criminal charges in Denmark or anywhere in the Orangeburg area, having a local attorney on your side is a significant advantage. The legal system has its own unique landscape, and a local lawyer familiar with the area’s courts, judges, and prosecutors can provide crucial insights. At the Law Office of Belinda Davis-Branch, we bring over 25 years of experience to every case. We understand the local community and are dedicated to providing compassionate, yet zealous, representation to our neighbors.
Whether you are dealing with an assault charge, a difficult divorce and family law matter, or another legal challenge, we develop a plan of action tailored to your specific situation. We are committed to securing the best possible outcome, whether that’s a dismissal, a not guilty verdict, or a favorable plea agreement.
Protect Your Future. Get Experienced Legal Help Today.
If you or a loved one has been charged with assault and battery, do not wait to seek legal counsel. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. Contact the Law Office of Belinda Davis-Branch for a confidential consultation to discuss your case.
Frequently Asked Questions (FAQ)
What is the difference between a misdemeanor and a felony assault and battery charge?
In South Carolina, Assault and Battery in the Third and Second Degrees are misdemeanors, while First Degree and ABHAN are felonies. Felonies carry much harsher penalties, including longer prison sentences (over a year) and can result in the loss of certain civil rights, like the right to own a firearm.
Can I be charged if I never actually touched the other person?
Yes. Because South Carolina law combines assault and battery, you can be charged if you unlawfully offer or attempt to injure another person with the present ability to do so, even if no physical contact is made. This constitutes an assault, which is sufficient for a charge.
What should I do if I am arrested for assault and battery?
The most important step is to exercise your right to remain silent and your right to an attorney. Do not speak to law enforcement about the details of the incident without your lawyer present. Contact a qualified South Carolina criminal defense attorney as soon as possible to protect your rights.
Can an assault and battery charge be expunged from my record?
It depends on the specific charge and the outcome of the case. If your charge is dismissed or you are found not guilty, you can have the arrest records expunged. For convictions, eligibility for expungement is limited and depends on factors like the severity of the offense and your prior criminal history. It’s best to discuss this with an attorney.