Charleston Assault Lawyer

If you have been charged with assault and battery in Charleston, then it is essential you contact a Charleston criminal defense lawyer to ensure your rights are protected during the criminal process. Penalties for South Carolina assault convictions vary widely depending on the degree of the charge and specific circumstances of the case. Your Charleston assault attorney will be able to assess your legal options from the start.  In South Carolina Assault and Battery charges vary by degree. Assault and battery is defined as the act of harming or attempting to harm an individual.

Assault and Battery, 3rd degree (Simple Assault)

Assault and battery, 3rd degree is a misdemeanor in South Carolina. A person commits the misdemeanor offense of assault and battery in the third degree by unlawfully injuring another person, or attempting to injure another person with the present ability to do so. Penalties for a conviction of assault and battery in the third degree include fines not to exceed five hundred dollars, or imprisonment for not more than thirty days, or both.

Assault and Battery, 2nd degree

Assault and battery, 2nd degree is codified in S.C. Code §16-3-600(D): A person commits the misdemeanor offense of assault and battery in the second degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and causes moderate bodily injury to another person results or moderate bodily injury to another person could have resulted; or the act involves the non-consensual touching of the private parts of a person, either under or above clothing. Upon conviction, an individual found guilty of assault and battery in the second degree must be fined not more than two thousand five hundred dollars, or imprisoned for not more than three years, or both.

Assault and Battery, 1st degree

Assault and battery, 1st degree is codified in S.C. Code §16-3-600(C). A person commits the felony offense of assault and battery in the first degree if the person unlawfully injures another person, and the act involves non-consensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or occurred during the commission of a robbery, burglary, kidnapping, or theft; or offers or attempts to injure another person with the present ability to do so, and the act is accomplished by means likely to produce death or great bodily injury; or occurred during the commission of a robbery, burglary, kidnapping, or theft. Upon conviction, an individual found guilty of assault and battery in the first degree is guilty of a felony and must be imprisoned for not more than ten years.   Assault and Battery, 1st degree is also a lesser-included offense of Assault and Battery of a High and Aggravated Nature (ABHAN).

Assault and Battery of a High and Aggravated Nature (ABHAN)

In South Carolina ABHAN is a felony which carries very serious consequences. One commits assault and battery of a high and aggravated nature if one unlawfully injures another person and causes great bodily injury to another person as a result; or the act is accomplished by means likely to produce death or great bodily injury. Upon conviction of assault and battery of a high and aggravated nature, one is guilty of a felony and must be imprisoned for not more than twenty years.

Contact a Charleston Assault Lawyer

Charleston assault lawyer John W. Molony is ready to review your case including any potential issues with the arrest or probable cause. When you retain John W. Molony Law Firm, LLC, expect to have an attorney who fights for you, answers your phone calls and devotes the time and personal attention that your case requires. Request a free consultation with criminal defense attorney John W. Molony for a thorough analysis of your case and your legal options. Conveniently located on James Island, John W. Molony Law Firm, LLC defends Charleston clients charged with assault and battery, including the following:

  • ABHAN (High And Aggravated Nature)
  • Assault and Battery 1st Degree (Felony)
  • Assault and Battery 2nd Degree (Misdemeanor)
  • Assault and Battery 3rd Degree (Misdemeanor)
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