Navigating the Complexities of South Carolina’s Laws
When facing assault and battery charges in Orangeburg, South Carolina, the experience can be overwhelming, leaving you with serious questions about your future. These charges carry significant consequences, from hefty fines to lengthy prison sentences, and can leave a permanent mark on your criminal record. Understanding the specific laws in our state is the first critical step toward building a strong defense. In South Carolina, “assault” and “battery” are combined into a single offense, covering everything from the threat of harm to actual physical injury. The severity of the charge depends entirely on the circumstances, including the level of injury and the intent of the accused.
A conviction’s impact extends far beyond legal penalties. It can affect your ability to find employment, secure housing, and even maintain personal relationships. That’s why it is crucial to seek experienced legal counsel immediately. An attorney can help you understand the nuances of the charges against you and explore all possible defense strategies. The Law Office of Belinda Davis-Branch is dedicated to providing zealous representation to individuals in Orangeburg and the surrounding communities, ensuring your rights are protected throughout the entire legal process.
Degrees of Assault and Battery in South Carolina
South Carolina law categorizes assault and battery into several degrees, each with distinct definitions and penalties. Knowing where a specific charge falls is essential for understanding the potential consequences.
Assault and Battery in the Third Degree (Simple Assault)
This is the least severe charge, classified as a misdemeanor. It involves unlawfully injuring another person or attempting to do so with the present ability. This can include actions like slapping, shoving, or scratching that result in minor or no physical injury. A conviction can lead to a fine of up to $500, up to 30 days in jail, or both.
Assault and Battery in the Second Degree
This charge is also a misdemeanor but carries more severe penalties. It applies when an act of assault and battery results in “moderate bodily injury” or could have resulted in such injury. This can also include the non-consensual touching of a person’s private parts. Penalties 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. A person can be charged with first-degree assault and battery if they unlawfully injure someone in a way that is likely to produce death or great bodily injury, or if the act occurs during the commission of another serious crime like robbery, burglary, or kidnapping. It also covers non-consensual touching of private parts with lewd intent. A conviction can result in up to 10 years in prison.
Assault and Battery of a High and Aggravated Nature (ABHAN)
This is the most serious assault charge short of attempted murder and is a violent felony. ABHAN is charged when an unlawful injury involves circumstances showing extreme indifference to human life, resulting in great bodily injury or using means likely to produce death or great bodily injury. The penalty for an ABHAN conviction is severe, carrying a sentence of up to 20 years in prison.
Common Legal Defenses to Assault Charges
Being charged does not mean you will be convicted. A skilled criminal defense lawyer can analyze the specifics of your case and build a defense strategy. Some common defenses in South Carolina include:
- Self-Defense: The law permits you to use reasonable force to protect yourself from imminent harm. To be successful, you must show you did not start the confrontation and that the force used was necessary and proportional to the threat.
- Defense of Others: Similar to self-defense, you are legally allowed to use reasonable force to protect another person from harm.
- Lack of Intent: The prosecution must prove you intended to cause harm. If the injury was accidental, it does not meet the legal definition of assault.
- False Accusations or Mistaken Identity: In some cases, charges are based on false claims or a misidentification of the perpetrator. An attorney can help gather evidence to challenge the accuser’s credibility.
Did You Know?
In South Carolina, you can be charged with assault even if you never physically touch the other person. An attempt or offer to injure someone, combined with the present ability to do so, is enough to constitute assault under the law. For example, swinging a fist and missing can still lead to an assault charge.
Navigating the Legal System in Orangeburg, South Carolina
If you are arrested for assault and battery in Orangeburg, the legal process can be complex and intimidating. It typically begins with an arrest, followed by a bond hearing where a judge sets the conditions for your release. From there, your case will proceed through the judicial system, potentially involving preliminary hearings, plea negotiations, and, if necessary, a trial.
Having a local attorney who is familiar with the Orangeburg County courts, prosecutors, and judges is a significant advantage. Belinda Davis-Branch has over 25 years of experience practicing law in South Carolina and brings a deep understanding of the local legal landscape to every case. She provides personalized, caring, and zealous representation to help you navigate each step of the process. Whether negotiating a plea deal to reduce charges or fighting for an acquittal at trial, having a dedicated advocate is essential. For comprehensive legal support, from family law issues to criminal charges, our firm is here to help.
Protect Your Rights and Your Future
An assault and battery charge can have a lasting impact on your life. Don’t face it alone.
Frequently Asked Questions (FAQ)
What is the difference between assault and battery in South Carolina?
While historically distinct, South Carolina law combines assault (the threat of harm) and battery (actual physical contact) into a single offense called “assault and battery.” This means that either threatening someone with injury or actually injuring them can lead to the same charge.
Can I be charged if the other person wasn’t hurt?
Yes. An actual injury is not required for an assault and battery charge in South Carolina. Attempting to injure someone or causing them to fear immediate harm is sufficient grounds for a charge, typically Assault and Battery in the Third Degree.
What should I do if I’m arrested for assault and battery?
The most important step is to exercise your right to remain silent and contact an experienced criminal defense attorney immediately. Do not speak with law enforcement or prosecutors without legal representation. An attorney can protect your rights and begin building your defense right away.
Can an assault and battery charge be removed from my record?
In some cases, yes. Depending on the outcome of your case and your prior criminal history, you may be eligible for an expungement, which effectively removes the charge from public record. Certain diversion programs like Pre-Trial Intervention (PTI) may also result in a dismissal and allow for expungement. Your attorney can advise you on your eligibility.