- 23 + Years Experience
- 10,000 + Clients
Facing Assault & Battery Charges in Myrtle Beach, SC?
You were involved in some sort of an 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.
Here’s why…
Assault & Battery charges can have harsh consequences.
You may be facing probation or even jail time!
These charges will absolutely 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.
DID YOU KNOW…?
Assault and battery charges can be applied even without physical injury.
In South Carolina, assault and battery in the third degree (the least serious charge) applies when someone unlawfully attempts to injure another person or the victim experiences a reasonable fear of bodily harm.
This means a person can be charged with assault even if they never made physical contact as long as their actions caused the victim to fear imminent violence.
The Basics of
Assault & Battery Charges
Over 23+ years, we’ve gained in-depth knowledge of the relevant laws, regulations, and court decisions, which allows us to represent our clients better.
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 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:
- Moderate injury results or could have resulted; or
- 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 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:
- Unlawfully injured another person; or
- 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.