Summerville Assault and Battery Lawyer

There are various degrees of assault and battery offenses in the State of South Carolina. Individuals can face first, second, and third-degree assault and battery charges, as well as assault and battery of a high and aggravated nature. A Summerville assault lawyer can help you understand the different degrees of this offense and help you fight the charges.

Building a valid defense to assault and battery charges can be crucial to your personal and professional life. Having a conviction for a violent crime on your record may harm your ability to seek some jobs and licenses in the future. Allowing an experienced criminal lawyer to represent your interests in criminal court proceedings might be the most successful means of defending yourself against these charges.

Degree of Assault and Battery Under State Law

State law divides assault and battery offenses, which involve harming or attempting to harm others, into different categories based on severity.


Under S.C. Code § 16-3-600(E), third-degree assault and battery charges may result when individuals injure others or attempt to harm others. Any injuries that the alleged targets of a simple assault sustain are minor, and the assault typically does not involve the use of a firearm or other deadly weapon. A third-degree assault and battery is the least severe of the different classifications of this offense, and therefore carries the potential for lesser penalties than for other types of assault and battery charges.


Second-degree assault charges also may occur, according to S.C. Code § 16-3-600(D)(1), when persons illegally injure or others or try to hurt them with the apparent ability to do so. To rise to the level of second-degree assault and battery, however, the offense must result in moderate bodily injury or a risk of mild bodily injury to the alleged target of the assault. Alternatively, touching the private parts of others without their consent also can constitute a second-degree assault.


Under S.C. Code § 16-3-600(C)(1), first-degree assault and battery is a lesser-included offense of assault and battery of a high and aggravated nature, as well as attempted murder. The non-consensual touching of the private parts of others with a lewd and lascivious intent also can result in first-degree assault and battery charges. Other situations that could cause these charges may include:

  • Causing significant bodily injury to others
  • Attempting to injure others in a way that is likely to result in death or substantial physical injury
  • Trying to harm others while committing a robbery, burglary, kidnapping, or theft
  • Offering to hurt others while committing a robbery, burglary, kidnapping, or theft

A first-degree assault and battery is distinguishable from assault and battery of a high and aggravated nature, which typically involves more extreme injuries or risks of death or such injuries. A diligent assault lawyer in Summerville may be able to defend the interests of individuals who are facing assault and battery charges.

Penalties for Assault and Battery in Summerville

Both second and third-degree assault and battery are misdemeanor offenses under state law. For a simple assault, individuals may face a fine of up to $500 and a jail sentence of up to 30 days. A conviction for second-degree assault, however, can result in a three-year prison sentence and a $2,500 fine.

A first-degree assault and battery offense is a felony offense, with the potential for substantially harsher penalties. Individuals convicted of this offense may face a prison sentence of up to ten years. A felony conviction on their background also can pose a substantial problem when it comes to seeking higher education or job opportunities.

An offense for assault and battery of a high and aggravated nature is a felony that carries a maximum sentence of up to twenty years in prison.

An assault attorney in Summerville can be vital to your ability to avoid the unwanted repercussions of an assault and battery conviction, especially at the felony level. In addition to these penalties, a felony also can cause the removal of some civil rights, such as the ability to legally possess firearms.

Retain the Services of a Summerville Assault And Battery Attorney

With the help of a Summerville assault and battery lawyer, you may discover the various avenues that may be available for favorably resolving your case. You may be able to pursue the defense strategy that is most likely to be effective in your case. Getting the advice that you need can give you a better chance at avoiding some of the undesirable aspects of an assault conviction.

Having experienced legal counsel on your side often can make a significant impact on the outcome of your case. Developing a compelling legal strategy may be more attainable with the help of a strong legal advocate. Call today to schedule a consultation.