Assault & Battery Lawyer – Myrtle Beach, SC
You were involved in some sort of altercation and you’re facing assault & battery charges in SC.
However you got here, there are many challenges ahead. Not to mention, the outcome of your case could affect you for the rest of your life.
You Need an Assault & Battery Lawyer in Myrtle Beach, SC.
Assault & Battery charges can come with some harsh consequences. You may be facing probation or even jail time! These charges absolutely will show up on a background check and when this happens it could mean losing your job and having a hard time finding a new one. Fortunately, an assault & battery lawyer in Myrtle Beach, SC can help you.
The Basics of Assault & Battery Charges
South Carolina’s assault and battery laws are based on the degree and circumstances of the alleged assault with increasing penalties based on the severity of the offense. They cover every type of unwanted touching or violence ranging from a simple verbal threat to attempted murder and can include some types of unwanted sexual advances.
Defenses to assault charges in South Carolina will depend on the unique facts of each situation but may include self-defense, defense of others, defense of habitation, the right to eject a person who is trespassing, accident, or lack of criminal intent.
In South Carolina, there are several types of criminal charges that can result from an assault allegation. Here are a few of them:
Assault & Battery, 1st Degree
Assault and battery in the first degree carries up to ten years in prison and includes situations where the defendant has injured another person, and:
- The act involved nonconsensual touching of a person’s private parts with lewd and lascivious intent.
- It occurred during the commission of a robbery, burglary, kidnapping, or theft.
First degree assault and battery also covers threats that are “accomplished by means likely to produce death or great bodily injury,” or that occur during the commission of a robbery, burglary, kidnapping, or theft.
Assault & Battery, 2nd Degree
Assault and battery in the second degree is a misdemeanor offense that is prosecuted in General Sessions Court and carries a maximum sentence of up to three years in prison. It covers situations where the defendant injures or threatens to injure a person and:
1) Moderate injury results or could have resulted; or
2) The defendant touched a person’s private parts without consent.
“Private parts” means “the genital area or buttocks of a male or female or the breasts of a female.” Moderate injury includes:
- Prolonged loss of consciousness.
- Temporary or moderate disfigurement.
- Temporary loss of function of a body member or organ.
- Treatment that requires use of anesthesia.
- Fractures or dislocations.
Assault & Battery, 3rd Degree
Assault and battery in the third degree is a misdemeanor offense that is ordinarily prosecuted in the magistrate or municipal courts and carries a maximum sentence of 30 days in jail. The state must prove that the defendant either:
1) Unlawfully injured another person; or
2) Threatened to injure another person with the present ability to do so.
Assault and battery third degree is usually charged when there are only minor injuries to the alleged victim such as cuts, bruises, or scratches that do not require extensive medical care.
Assault & Battery of a High and Aggravated Nature (ABHAN)
ABHAN in South Carolina carries a potential sentence of up to 20 years in prison and covers situations where the defendant unlawfully injures another person and:
1) Great bodily injury results; or
2) The means of assault was likely to result in death or great bodily injury.
Great bodily injury means “bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.”
Attempted Murder in South Carolina
Attempted murder carries a maximum potential sentence of 30 years in prison and covers situations where a defendant attempts to kill another person with malice aforethought. In an attempted murder case, the state must prove all the elements of murder except for the death of the alleged victim.
Coastal Law Can Help!
Our assault & battery lawyer in Myrtle Beach frequently represent clients facing Assault & Battery charges in SC. We know how the process works and can clearly explain the possible outcomes based on your case.
If you have been charged with Assault & Battery in the Horry County, Conway, or Myrtle Beach, Charleston, or Columbia SC area call us today. Weekend and after-hours consultations are available too!
Contact our office today by calling 843.488.5000 or use this form to send us an email. We can set up a free consultation with one of our assault & battery lawyers in Myrtle Beach to discuss the facts and circumstances surrounding your case.
1104 North Oak Street
Myrtle Beach, SC 29577
1314 2nd Avenue
Conway, SC 29526
231 King Street
Charleston, SC 29401
1201 Main Street, Suite 1913
Columbia, SC 29201
** Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
** Clients may be responsible for costs in addition to attorney’s fees. In percentage based cases, fees are calculated prior to deducting costs.
** This website is meant to provide meaningful information, but does not create an attorney-client relationship. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.