What are the criteria and penalties for being charged with Assault and Battery 1st, 2nd, and 3rd?

Many times, we represent people who are charged with Assault & Battery.

There are different levels of Assault & Battery in South Carolina. There’s Assault & Battery 3rd degree, which is the least serious. There’s 2nd degree, which is a felony-level offense that carries up to 3 years. And then there’s 1st degree, which carries up to 10 years. There are other Assaults beyond that, Assault & Battery of a High and Aggravated Nature, and above that, even Attempted Murder. Assault & Battery 3rd degree used to be referred to as ‘Simple Assault’: it’s an offense that stays in the magistrate’s court or the summary court. Maximum penalty is up to 30 days in jail. The other one, as I said, carries up to 3 years, and then Assault & Battery 1st degree carries up to 10 years.

What determines the level of Assault a person is charged with? It could be if the person used a weapon, but it’s usually more of a situation based on the injuries. The more injured the alleged victim is, the more likely that the charge is going to be a greater charge in the higher court as opposed to a Simple Assault & Battery or what we call Assault & Battery 3rd degree.

Complete Legal Defense Team
843-279-2227
1012 38th Ave. N.
Myrtle Beach, SC
United States