Assault and battery, considered a violent crime in South Carolina, carries possible minimum mandatory imprisonment and fines of varying degrees based on the circumstances of the offense if convicted.  If you or a loved one has been charged with Assault and Battery, you should immediately seek legal representation from an experienced criminal defense attorney that defends violent crimes.  Assault and battery lawyer, Holman C. Gossett, will provide aggressive and skillful legal representation and will develop a comprehensive criminal defense strategy specific to your individual case.

Assault & Battery Penalties for Section 16-3-600

The Omnibus Crime Reduction and Sentencing Reform Act of 2010 was signed into law on June 2, 2010 changing the common law offenses of assault and battery with intent to kill, assault with intent to kill, assault and battery of a high and aggravated nature, simple assault and battery, assault of a high and aggravated nature, aggravated assault, and simple assault   Following this federal reform act, the state of South Carolina revised its statutes concerning assault and battery offenses by creating varying degrees of the crime.

The state defines assault and battery as the act of harming or attempting to harm another individual.  The circumstances involved in the crime that the individual is charged with determine the severity and the sentencing if convicted.  Assault and battery lawyer, Holman C. Gossett, will help you to navigate the complexities of the assault and battery section of the state laws and protect your legal rights.  We represent individuals charged with assault and battery in Spartanburg, Greenville and throughout the Upstate of South Carolina for the following offenses:

Third-Degree Assault S.C. Code §16-3-600(E) (Simple Assault & Battery)

Simple assault and battery, a misdemeanor offense, has been replaced by third-degree assault.  A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.  Upon conviction, an individual found guilty of assault and battery in the third degree must be fined not more than five hundred dollars, or imprisoned for not more than thirty days, or both.

Second-Degree Assault S.C. Code §16-3-600(D)

A person commits the offense of assault and battery in the second degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and causes moderate bodily injury to another person results or moderate bodily injury to another person could have resulted; or the act involves the non-consensual touching of the private parts of a person, either under or above clothing. Upon conviction, an individual found guilty of assault and battery in the second degree must be fined not more than two thousand five hundred dollars, or imprisoned for not more than three years, or both.

First-Degree Assault S.C. Code §16-3-600(C)

A person commits the offense of assault and battery in the first degree if the person unlawfully injures another person, and the act involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or occurred during the commission of a robbery, burglary, kidnapping, or theft; or offers or attempts to injure another person with the present ability to do so, and the act is accomplished by means likely to produce death or great bodily injury; or occurred during the commission of a robbery, burglary, kidnapping, or theft.   Upon conviction, an individual found guilty of assault and battery in the first degree is guilty of a felony and must be imprisoned for not more than ten years.

Assault and battery in the first degree is a lesser-included offense of assault and battery of a high and aggravated nature (ABHAN) and attempted murder

Assault and Battery of a High and Aggravated Nature (ABHAN)

A person commits the offense of assault and battery of a high and aggravated nature if the person unlawfully injures another person, and causes great bodily injury to another person results; or the act is accomplished by means likely to produce death or great bodily injury.   Upon conviction, an individual found guilty of assault and battery of a high and aggravated nature (ABHAN) is guilty of a felony must be imprisoned for not more than twenty years.

Assault and battery of a high and aggravated nature is a lesser-included offense of attempted murder.

Assault and Battery with Intent to Kill (ABWIK) “Attempted Murder”

Prior to the Omnibus Crime Reduction and Sentencing Reform Act of 2010 repealing S.C. Code § 16-3-620, the law stated, “The crime of assault and battery with intent to kill shall be a felony in this State and any person convicted of such crime shall be punished by imprisonment not to exceed twenty years.”  South Carolina revised the statutes to reclassify Assault and battery with intent to kill to the offense of Attempted Murder Section 16-3-29.

A person commits the offense or assault and battery with intent to kill, now classified as attempted murder, injures another person with intent of death.  Upon conviction, an individual guilty of assault and battery with intent to kill (ABWIK), is guilty of attempted murder, a felony, and must be imprisoned for not more than twenty years.

Consult a Spartanburg Assault & Battery Defense Lawyer | Greenville Assault & Battery Lawyer

If you or a loved one has been charged with a criminal offense that is violent in nature, the consequences of conviction can carry mandatory minimum imprisonment.  We encourage you to contact our criminal defense lawyer and experienced assault and battery lawyer, Holman C. Gossett to review your legal options by calling 864.582.2996 or online for a free initial consultation.  Don’t wait to act.  Time is critical.  Experience counts and Results Matter.

Holman C. Gossett Law Firm | Criminal Defense | Results Matter | “Practicing Criminal Law & Serving the State of South Carolina Since 1974″ | Spartanburg County | Greenville County | Anderson County | Cherokee County | Union County.

Disclaimer

The information on this web site is a public resource of general information, which is intended, but not promised or guaranteed, to be correct, complete and up-to-date. The information on this web site is not intended to be, and is not, a source of advertising, solicitation or legal advice. No person who visits this web site should consider the information on this web site to be an invitation for an attorney-client relationship or rely on the information provided herein. Every person who visits this web site and needs legal advice or an attorney should seek the advice of competent counsel in his or her State.

Request for Consultation

Your message was successfully sent. Thank You!