An arrest for Assault and Battery (A&B) in Greenville, SC, can be the most frightening experience of your life, instantly threatening your freedom, your financial stability, and your future career prospects. South Carolina law treats these charges with extreme severity, classifying them into a complex, tiered system ranging from a minor misdemeanor to a serious felony punishable by decades in prison. The law is codified under S.C. Code § 16-3-600, which defines the offenses based on the level of injury and the circumstances of the alleged act. What many people facing these charges don’t realize is that an effective, aggressive defense must begin immediately. The prosecutor’s office in the Thirteenth Judicial Circuit—which includes Greenville County—will move swiftly to build their case. If you have been arrested or are under investigation, your most critical priority is retaining a knowledgeable Greenville SC Assault and Battery lawyer who can guide you through the local judicial process and fight tirelessly to protect your rights. Our firm offers the proven experience and local knowledge necessary to challenge the prosecution’s evidence and pursue the most favorable outcome possible.
I. Decoding South Carolina’s Tiered Assault and Battery Laws
In South Carolina, “Assault” (the threat of violence) and “Battery” (the actual physical contact) are combined into a singular set of offenses. The specific degree of the charge—and therefore the severity of the penalty—hinges on the element of injury, the use of a weapon, and whether the act occurred during another crime.
A. Assault and Battery 3rd Degree: The Misdemeanor Baseline
S.C. Code § 16-3-600(E) defines the lowest level of the charge, often referred to as “simple assault.”
- Definition: A person commits this offense if they unlawfully injure another person, or offer or attempt to injure another person with the present ability to do so. This charge does not require severe injury. Even minor physical contact, or simply causing a person to fear they are about to be struck, can qualify.
- Penalty: Up to 30 days in jail and/or a fine of up to $500.
- Significance: While a misdemeanor, a conviction still results in a permanent criminal record, which can impact employment and housing applications.
B. Assault and Battery 2nd Degree: Escalated Misdemeanor
This category, defined in S.C. Code § 16-3-600(D), significantly raises the stakes, often introducing the concept of moderate bodily injury.
- Definition: This offense is committed when a person unlawfully injures another and either:
- Moderate bodily injury results or could have resulted. Moderate bodily injury is defined as an injury requiring medical treatment that is more than just minor scratches or bruises.
- The act involves the non-consensual touching of a person’s private parts (under or above clothing).
- Penalty: Up to 3 years in prison and/or a fine of up to $2,500.
- Significance: Because of the three-year potential sentence, this misdemeanor is heard in the higher General Sessions Court, rather than the Magistrate’s Court, making the legal process longer and more complex.
C. Assault and Battery 1st Degree: The Felony Threshold
Defined in S.C. Code § 16-3-600(C), this is the first level classified as a felony. It introduces elements of intent, circumstance, and potential for severe harm.
- Definition: This felony occurs when a person unlawfully injures or attempts to injure another, 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; OR
- Involves non-consensual touching of private parts with lewd and lascivious intent.
- Penalty: Up to 10 years in prison.
- Significance: A felony conviction is life-altering, resulting in the loss of certain civil rights, including the right to possess firearms.
D. Assault and Battery of a High and Aggravated Nature (ABHAN): The Most Severe Charge
This is the most serious non-homicide assault charge in South Carolina, outlined in S.C. Code § 16-3-600(B).
- Definition: This charge is reserved for the most grievous acts, specifically when:
- Great bodily injury results (injury causing substantial risk of death, serious permanent disfigurement, or protracted loss of a bodily function); OR
- The act is accomplished by means likely to produce death or great bodily injury (e.g., shooting, stabbing, or strangulation).
- Penalty: Up to 20 years in prison.
- Significance: ABHAN is considered a violent crime under South Carolina law and is often prosecuted as a lesser-included offense of attempted murder. A conviction virtually guarantees a lengthy prison sentence and a permanent, indelible record.
II. The Anatomy of an Assault & Battery Case in Greenville County
Navigating the criminal justice system in Greenville requires a deep understanding of local procedure, from the initial arrest to the potential trial.
A. Initial Steps: Arrest, Bond, and Investigation
- Arrest and Booking: Following an alleged incident, you will be booked at the Greenville County Detention Center.
- Bond Hearing: Within 24 hours, a bond hearing is held to determine the terms of your release. For serious A&B charges, the judge may impose strict conditions, such as:
- Electronic monitoring (ankle bracelet).
- No-contact orders with the alleged victim.
- Surrender of firearms.
- A high cash or surety bond.
- Lawyer Engagement: Your defense begins before the bond hearing. An attorney can argue for a reasonable bond and immediately advise you on your constitutional right to remain silent, preventing self-incrimination.
B. The Solicitor’s Role and the Grand Jury
Cases involving felonies (A&B 1st and ABHAN) are handled by the Thirteenth Circuit Solicitor’s Office in Greenville. The Solicitor’s office has immense power in deciding how the case proceeds.
- General Sessions Court: Felony cases are tried in the Court of General Sessions, where only an Assistant Solicitor (prosecutor) can reduce or drop charges.
- Indictment: For a felony case to proceed, the Solicitor must present evidence to the Greenville Grand Jury. If the jury finds sufficient evidence, they issue an Indictment, formally moving the case toward trial.
- Plea Bargaining: Your defense attorney’s primary task is to establish weaknesses in the State’s case early on, creating leverage for negotiations, which may lead to:
- A dismissal of the charge.
- A reduction to a lesser charge (e.g., A&B 1st to A&B 2nd).
- A plea to a non-violent offense.
C. Diversion Programs: A Chance at a Clean Slate
For first-time, non-violent offenders facing A&B 2nd or 3rd degree charges, programs like Pretrial Intervention (PTI)may be an option.
- Pretrial Intervention (PTI): This is a voluntary diversion program that requires the defendant to complete community service, counseling, and pay fees. Upon successful completion, the charge is dismissed, and the entire arrest record can be expunged. Acceptance into PTI is at the discretion of the Solicitor and is not available for violent felonies. Review the official Greenville County Solicitor’s Office Pre-Trial Intervention Program guidelines.
III. Essential Defense Strategies Utilized by a Greenville Attorney
A robust defense often involves challenging the prosecution’s evidence, the victim’s credibility, and the fundamental elements of the charge.
A. Self-Defense and Defense of Others
This is the most common defense in A&B cases. Under South Carolina law, a person is justified in using force to defend themselves or another person if:
- They were without fault in bringing on the difficulty.
- They had a reasonable belief that they were in imminent danger of bodily harm or death.
- The force used was proportionate to the perceived threat.
A skilled attorney will build this defense by finding evidence—like security footage, witness testimony, or injury placement—that proves the client was the victim, not the aggressor, and only used necessary force.
B. Challenging the Element of Intent
Many A&B charges require the prosecution to prove that the defendant acted willfully or intentionally.
- Accident: An injury resulting from an unavoidable accident, not criminal intent, is a valid defense.
- Lack of Present Ability: For an Assault charge, the defendant must have the present ability to carry out the threat. If the threat was impossible to execute (e.g., a verbal threat from a locked room), the charge can be challenged.
- Mistaken Identity: In chaotic situations or in the dark, witness identification can be unreliable. We challenge the State’s ability to prove identity beyond a reasonable doubt.
C. Contesting the Level of Injury
The difference between a misdemeanor and a felony often comes down to medical definitions.
- A defense lawyer can introduce expert testimony to argue that the alleged injury does not meet the statutory definition of “moderate bodily injury” (A&B 2nd) or “great bodily injury” (ABHAN). Reducing the perceived level of injury is a primary strategy for getting a felony charge reduced to a lesser misdemeanor, which can save a client from years in prison and a felony record.
IV. The Devastating Collateral Consequences of a Conviction
The penalties listed in the S.C. Code are just the start. A conviction for Assault and Battery—especially a felony—creates life-long collateral consequences that impact virtually every aspect of a person’s life.
A. Employment and Professional Licensing
- Background Checks: A criminal record, particularly one showing a crime of violence, will appear on nearly all employment background checks, making it extremely difficult to secure meaningful work.
- Professional Licenses: Licenses for teaching, medicine, law, real estate, and financial services can be suspended or permanently revoked upon conviction for a violent crime.
B. Loss of Civil Rights
- Firearm Rights: Any felony conviction automatically results in the permanent loss of the right to own or possess a firearm under federal and state law. A conviction for domestic violence can also strip these rights.
- Voting and Jury Duty: Felony convictions can impact the right to vote and serve on a jury, though these rights can sometimes be restored through a pardon process.
C. Housing and Immigration
- Leasing Restrictions: Many apartment complexes and landlords conduct criminal background screenings and will deny tenancy to applicants with recent violent convictions.
- Immigration Status: For non-citizens, a conviction for A&B can be classified as a Crime Involving Moral Turpitude (CIMT) or an aggravated felony, leading to deportation or inadmissibility to the United States.
D. Potential Civil Lawsuits
Even after the criminal case is resolved, a guilty verdict or plea can be used as evidence in a subsequent civil lawsuit filed by the alleged victim seeking monetary damages for medical expenses, pain and suffering, and lost wages. Your criminal defense attorney can advise you on how the outcome of your case may affect your liability in a civil court setting.
V. Frequently Asked Questions (FAQ) About Greenville SC Assault Charges
Q: Where will my case be heard in Greenville?
A: Misdemeanors (A&B 3rd) are typically heard in Magistrate’s Court, while A&B 2nd, 1st, and ABHAN (felonies and high misdemeanors) are heard in the Greenville County Court of General Sessions, located downtown at the Greenville County Courthouse. Find the official address and contact information for the Greenville County Clerk of Court.
Q: Can I get my charge reduced to a non-violent offense?
A: Yes, negotiating a reduction of a violent charge (like A&B 1st or ABHAN) to a non-violent offense (like simple assault or disorderly conduct) is a critical goal for your attorney, as it avoids the violent felony classification, which helps preserve gun rights and employment opportunities.
Q: What is the rule of “mutual combat” in South Carolina?
A: The legal defense of mutual combat applies when both parties willingly and knowingly agree to fight outside of the law. However, this is not a complete defense; it mainly serves to reduce the charge from a severe offense to a simpler one. If a weapon is used or the injury is severe, this defense is often insufficient.
Q: Is a no-contact order permanent?
A: A judge will often issue a No-Contact Order as a condition of bond. This order prevents you from having any contact with the alleged victim. It is not permanent and can sometimes be lifted or modified by a judge based on the alleged victim’s request and the defense attorney’s motion, but violating it will result in an immediate arrest and new criminal charges.
Q: Why is it crucial to hire a local Greenville lawyer?
A: Local attorneys know the specific Assistant Solicitorshandling the cases, the tendencies of the Greenville County judges, and the local procedures, such as how bond is typically set in the Thirteenth Circuit. This established knowledge is invaluable for negotiating favorable outcomes and preparing for trial.
VI. Conclusion: Time is Critical—Protect Your Future Now
Being charged with Assault and Battery in Greenville, SC, is a severe legal emergency. Every moment you delay is an opportunity for the prosecution to solidify their case against you. From the initial arrest and bond hearing to the final plea negotiation or jury trial, you need an advocate who is prepared to fight aggressively and strategically on your behalf.
Our dedicated team of criminal defense lawyers has years of experience challenging the complex statutes under S.C. Code § 16-3-600 and achieving reduced charges, dismissals, and non-guilty verdicts for our clients. We understand the high stakes involved—your reputation, your career, your freedom—and we are committed to providing the detailed, local representation you deserve.
Do not speak to law enforcement without legal counsel. Call our office today for a confidential, risk-free consultation. Let us put our experience to work protecting your rights and securing the best possible outcome for your case.
