How severe are the penalties for assault convictions?
Answer:
Assault and battery penalties in South Carolina depend on the degree of the charge. Potential incarceration ranges from up to 30 days for third-degree assault and battery to up to 20 years for assault and battery of a high and aggravated nature. A conviction can also have lasting consequences beyond the sentence.
South Carolina divides assault and battery into different degrees, with more serious charges carrying greater potential penalties. The nature of the injury, the risk of injury, and the circumstances of the incident help determine the charge.
Assault and battery in the third degree is a misdemeanor that can carry up to 30 days in jail. Assault and battery in the second degree is also classified as a misdemeanor under South Carolina law, but it can carry up to three years in prison.
The misdemeanor label alone does not tell you how serious a conviction may be. A charge carrying a possible sentence of several years can affect a person’s life well beyond the immediate court case. Your attorney should explain both the potential sentence and the other consequences that may apply to your situation.
Assault and battery in the first degree is a felony carrying up to 10 years in prison. Assault and battery of a high and aggravated nature is a felony carrying up to 20 years. In some circumstances, an incident involving an assault may instead support an attempted murder charge.
Understanding the exact charge is essential when assessing the risks of a case. An assault defense attorney can review the allegations, explain the potential penalties, and help you understand the issues that may affect your defense.