Assault & Battery Attorney in Charleston, SC
Former Prosecutors Defending Assault & Battery Charges in Charleston
Our attorneys at TMW Law have sat on the other side of the courtroom. As former prosecutors, we understand how the state builds assault and battery cases in Charleston because we once built those cases ourselves. That background shapes every defense strategy we develop, from the first consultation through trial or resolution.
We handle both misdemeanor and felony assault and battery charges throughout Charleston County. With over 50 years of combined experience, our boutique firm gives every client direct attorney attention rather than passing cases to paralegals or junior staff.
If you’ve been charged with assault and battery in Charleston, SC, contact TMW Law today at (843) 891-6100 to discuss your defense options.
How South Carolina Defines Assault & Battery
South Carolina treats assault and battery as a single charge governed by S.C. Code 16-3-600. The statute creates four distinct tiers based on the severity of harm caused or threatened. The degree assigned to your charge determines where your case is heard, what penalties you face, and which defenses carry the most weight.
One point worth clarifying: the degree number doesn’t reflect how many prior offenses you have. Third-degree is simply the lowest tier of severity under the statute, not a third-time charge.
Assault & Battery of a High & Aggravated Nature (ABHAN)
ABHAN is a felony triggered when someone unlawfully injures another person and causes great bodily injury, or acts by means likely to produce death or great bodily injury. It’s classified as a lesser-included offense of attempted murder, which means prosecutors sometimes charge ABHAN as an alternative when the evidence doesn’t fully support the higher charge.
First-Degree Assault & Battery
Also a felony. First-degree applies when the offense involves nonconsensual touching of private parts with lewd and lascivious intent, when it occurs during a robbery, burglary, kidnapping, or theft, or when the attempt to injure is accomplished by means likely to produce death or great bodily injury.
Second-Degree Assault & Battery
A misdemeanor charge that applies when moderate bodily injury results or could have resulted, or when the offense involves nonconsensual touching of private parts without lewd intent.
Third-Degree Assault & Battery
The lowest tier and a misdemeanor. A person can face this charge simply for unlawfully injuring another, or for attempting or offering to injure another when they have the present ability to do so. No serious injury is required for the charge to be filed.
Assault on a law enforcement officer is a separate category entirely. Resisting arrest without causing harm is a misdemeanor; knowingly assaulting or harming an officer during that resistance carries felony-level exposure.
Penalties by Charge Degree
Even a misdemeanor assault and battery charge in South Carolina can mean jail time, fines, and a permanent criminal record. The penalties scale significantly as the degree rises.
- ABHAN: Up to 20 years in prison; a person convicted must serve 85% of the sentence before becoming eligible for parole.
- First-degree assault and battery: Up to 10 years in prison.
- Second-degree assault and battery: Up to 3 years in jail and a fine of up to $2,500; at least 25% of the sentence must be served before parole eligibility.
- Third-degree assault and battery: Up to 30 days in jail and a fine of up to $500.
Felony charges, including ABHAN and first-degree assault and battery, are heard in the South Carolina Court of General Sessions in Charleston County. Third-degree charges are triable in magistrate or municipal court.
The Consequences That Follow a Conviction
Incarceration and fines are the most visible consequences, but a conviction carries a longer shadow. Even a misdemeanor creates a permanent criminal record in South Carolina, and that record follows you into areas of life that have nothing to do with the courtroom.
Employment background checks, rental applications, and professional licensing boards all surface criminal history. Courts may consider a criminal record when evaluating parental fitness in divorce and child custody proceedings. Felony convictions for ABHAN or felony assault and battery can affect your right to own or possess a firearm and, in some cases, your right to vote.
Additional consequences specific to the higher-degree charges include:
- Child Abuse Registry placement: ABHAN and first-degree convictions can bar a person from fostering or adopting children.
- DNA database: A first-degree conviction can require your DNA to be added to a permanent state database.
- Expungement limits: Violent crime convictions, including ABHAN and felony assault and battery, generally can’t be expunged in South Carolina unless the charge is reduced.
Defenses to Assault & Battery Charges in Charleston
The right defense depends on the degree charged and the specific facts of your case. Because we’ve spent years prosecuting these charges in South Carolina, we know which evidence the state relies on and where cases are most vulnerable. We come to your defense knowing how to challenge witness credibility, expose inconsistent statements, and dispute the characterization of injuries. That last point matters more than most people realize: successfully challenging how injuries are characterized can mean the difference between a felony and a misdemeanor, or between a conviction and an acquittal.
South Carolina law recognizes several defenses that apply in assault and battery cases:
- Self-defense: Available when you reasonably believed you faced immediate bodily harm, used proportional force, and didn’t provoke the altercation.
- Stand Your Ground: South Carolina law allows a person to use force in self-defense anywhere they are lawfully present, with no duty to retreat.
- Castle Doctrine: You may use force, including deadly force when justified, to defend yourself within your home without retreating.
- Defense of others: Force used to protect a third party from imminent harm can be a recognized defense.
- Consent: In limited circumstances where the alleged victim permitted the contact, consent may be a viable defense.
- Defense of property: May apply when force was used against someone unlawfully on your property who posed a risk of imminent harm.
- Procedural and evidentiary challenges: Police and prosecutors make mistakes. Identifying those errors early can lead to charges being reduced or dismissed.
Talk to a Charleston Assault & Battery Defense Attorney
The period immediately after an arrest is when the decisions you make matter most. Contacting a defense attorney early allows more time to gather evidence, interview witnesses, and build a strategy tailored to your specific charges before the state’s case hardens.
At TMW Law, we represent clients facing misdemeanor and felony charges throughout the Charleston, SC area. Our former-prosecutor background means we approach every defense with a clear picture of how these cases are built and where they can be challenged.
Call TMW Law at (843) 891-6100 to schedule a consultation with a Charleston assault and battery attorney.
