Though “aggravated assault” isn’t mentioned in South Carolina’s criminal laws, its equivalent exists under ABHAN. Depending on the circumstances, similar conduct might also lead to first-degree assault and battery or attempted murder charges. Understanding these charges in Greenville County’s 13th Judicial Circuit is crucial to crafting an effective defense.
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Johnathan MWhat Is Aggravated Assault in South Carolina?
In South Carolina, there is no statute specifically for “aggravated assault.” Instead, similar actions fall under Assault and Battery of a High and Aggravated Nature, as defined in S.C. Code § 16-3-600(B). Commonly called ABHAN, this charge is akin to what most recognize as “aggravated assault.”
ABHAN occurs under the statute when someone unlawfully injures another, meeting one of two conditions:
The victim suffers great bodily injury
The act involves a method likely to cause death or significant harm
“Great bodily injury,” under S.C. Code § 16-3-600(A)(1), refers to injuries that significantly risk death, cause permanent disfigurement, or lead to substantial impairment of a body’s function. Consider instances like blindness, paralysis, or injuries needing extensive surgeries.
Alternatively, the means used may lead to an ABHAN charge if they could typically cause severe injury, regardless of the actual harm caused. Attacks using deadly weapons, such as swinging a baseball bat at someone’s head, can qualify, even if the injuries were less severe.
This distinction is vital. In Greenville County, an ABHAN conviction doesn’t require that the victim suffer great bodily injury, as long as the method used could have realistically caused such harm.
For less severe injuries, prosecutors might charge Assault and Battery 1st Degree or Assault and Battery 2nd Degree, each with distinct legal consequences.
Penalties for Aggravated Assault in Greenville, SC
An ABHAN conviction under S.C. Code § 16-3-600(B)(2) is a Class C felony, with a maximum 20-year prison sentence. While no mandatory minimum sentence exists for a first offense, factors like injury severity, the attack method, weapon use, and past criminal record heavily influence Greenville County judges during sentencing.
Beyond imprisonment, a felony conviction for aggravated assault results in:
Loss of the right to own or possess firearms, per federal law
Disqualification from voting while incarcerated
A felony record affecting employment, professional licensing, and housing
Deportation risk for non-U.S. citizens
Potential civil liabilities toward the victim
ABHAN is labeled a “serious offense” per S.C. Code § 16-1-60, which impacts sentencing for repeat offenders. An ABHAN conviction, combined with a past serious offense, can lead to significantly increased penalties under South Carolina’s two-strikes law.
If a concealed weapon was involved, South Carolina law adds an extra sentence of three to twelve months beyond the ABHAN sentence. A Weapons Charges Lawyer can assist with the weapon-related elements of your case alongside the assault charge.
How Aggravated Assault Cases Are Prosecuted in Greenville County
Felony cases in Greenville County are managed by the 13th Judicial Circuit Solicitor’s Office within the Court of General Sessions. These cases receive attention from seasoned prosecutors who effectively use physical evidence, medical records, and witness testimonies.
The focus of the prosecution in aggravated assault cases typically involves the injury’s nature and the attack method. Medical professionals may testify about the injury’s severity, and visual evidence, such as hospital photographs, is standard. Forensically examining weapons used in attacks also plays a part.
Surveillance footage from Greenville’s camera network, cell phone records, and social media posts are increasingly common evidence. Following your arrest, the police will continue gathering evidence, highlighting the importance of retaining a Violent Crimes Lawyer early.
After your bond hearing at the Greenville County Detention Center, your case goes through preliminary hearing, grand jury indictment, and arraignment phases. Critical pre-trial motions address evidence suppression, witness exclusion, or case dismissal due to weak evidence. These stages present opportunities for your attorney to advocate on your behalf.
Defense Strategies for Aggravated Assault
Self-defense: South Carolina’s Protection of Persons and Property Act (S.C. Code § 16-11-440) allows the use of force, including potentially lethal force, to prevent death or significant injury when you reasonably believe it’s necessary. There’s no requirement to retreat if you are lawfully present. If the other person initiated the confrontation, self-defense could completely absolve you.
Defense of others: You are permitted to use force to protect a third party from an unlawful attack. If you acted to shield someone from imminent harm, this defense might apply.
Challenging the “great bodily injury” element: Medical evidence is crucial in ABHAN cases. If the injuries fail to fit the legal “great bodily injury” criteria, the prosecution’s case weakens. Attorneys rigorously examine medical records: Did the injury necessitate general anesthesia surgery? Is there permanent disfigurement? Was there a prolonged loss of function? These points determine if the injury meets the statutory requirement.
Challenging the means element: ABHAN can be charged based on the means used, not just injury severity. However, not all altercations involve methods “likely to produce” serious injury. A simple fistfight without a weapon typically does not support an ABHAN charge. Your lawyer can argue that the force used was outside the statute’s scope.
Self-defense claim with Stand Your Ground: South Carolina courts recognize self-defense claims, barring not only conviction but also arrest and prosecution in qualifying instances. Filing a Stand Your Ground dismissal motion before trial can effectively end the case if granted.
Witness and identification challenges: When the prosecution heavily relies on eyewitness testimony, cross-examination can reveal its unreliability. Many ABHAN cases arise from chaotic environments where witnesses have poor visibility, were involved in the fight, or have reason to bias their accounts.
Negotiated resolution: In cases where evidence supports the ABHAN charge but mitigating factors exist, your attorney may negotiate for a lesser plea, such as Assault and Battery in a lower degree. Reducing ABHAN (20 years max) to first-degree assault and battery (up to 10 years) or even a misdemeanor is significant.
Why You Need an Aggravated Assault Lawyer in Greenville
Facing aggravated assault charges requires immediate action. Evidence collection starts immediately, witness statements are often taken within hours, and the prosecution builds its narrative as you still process the events. Delaying legal assistance can be your costliest mistake.
John Crangle, a Greenville criminal defense attorney, focuses in defending clients charged with violent crimes, including ABHAN, throughout Greenville County and the Upstate. He understands the prosecutorial techniques of the 13th Judicial Circuit Solicitor’s Office and knows how to effectively counter them, from suppression motions to jury selection to closing arguments.
When a Domestic Violence claim is added to an aggravated assault charge, the case complexity increases. If the offense also involves an Attempted Murder charge with ABHAN, you’re facing charges that could lead to decades of imprisonment. Regardless, you need a lawyer who comprehends the full scope of these charges.
Contact John Crangle now for a confidential consultation concerning your aggravated assault case in Greenville, SC.