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Johnathan MWhat Is Assault and Battery Third Degree in South Carolina?
In South Carolina, third-degree assault and battery, also known as “simple assault,” falls under S.C. Code § 16-3-600(E). This offense occurs if you unlawfully injure another person or have the ability to do so and act in a way that threatens or attempts injury.
This standard is broad. It includes actual physical contact that leads to injury and scenarios where no contact occurs, but a threatening move is made with the ability to follow through. Examples include shoving, a missed punch, or a threatening gesture with the capacity to act. Importantly, the charge does not require a specific injury level, distinguishing it from second-degree assault, which requires moderate bodily injury or unwanted touching of private parts.
Third-degree assault and battery are at the base of South Carolina’s assault charges. It’s a lesser-included offense compared to Assault and Battery 2nd Degree, Assault and Battery 1st Degree, ABHAN (Assault & Battery High and Aggravated Nature), and attempted murder under S.C. Code § 16-3-600(E)(3). In a trial for a more severe assault charge, a jury might convict for third-degree assault if the evidence doesn’t support the higher charge. Plea negotiations often aim to reduce charges to third-degree assault.
This charge can arise from various situations, including road rage, bar fights, neighbor arguments, workplace conflicts, or altercations at sporting events. Each scenario is different, as are the available defenses.
Penalties for Assault and Battery Third Degree in Greenville, SC
According to S.C. Code § 16-3-600(E)(2), third-degree assault and battery is a misdemeanor with possible penalties of:
A fine up to $500, or
Jail time up to 30 days, or
Both
Although the penalty is less severe than the three-year maximum for second-degree assault and the ten-year maximum for first-degree assault, it’s still significant. Thirty days in jail means time away from work, family, and daily life. More impactful than jail time is the criminal record a conviction creates, which can:
Appear on background checks by employers for years
Affect professional licenses in South Carolina
Be used in future civil or criminal cases
Influence family court proceedings about custody and visitation
Impact security clearances and certain government job opportunities
For many, the enduring impact of the record is more damaging than the immediate sentence. That’s why even a third-degree assault charge requires a careful legal approach.
If the charge involves a household member or romantic partner, it might fall under South Carolina’s domestic violence laws, which come with unique penalties. A Domestic Violence Lawyer can guide you through these specific cases.
How Third-Degree Assault Cases Are Prosecuted in Greenville County
Typically, third-degree assault and battery cases in Greenville County start in Magistrate Court as this court handles misdemeanors. However, based on how the case is filed, these could be prosecuted elsewhere.
Cases generally begin with a warrant stemming from the victim’s report or an arrest at the scene. Law enforcement documents the alleged victim’s account, photographic evidence of injuries, and circumstances. Although the Magistrate Court progresses cases more quickly than the Court of General Sessions, the rights and defenses available remain the same.
Prosecutors might try to elevate the charge to second-degree for repeat offenders or in cases with aggravating factors. This elevation needs evidence of moderate injury or circumstances distinguishing it from third-degree assault, which your attorney can challenge.
First-time offenders might qualify for South Carolina’s Pretrial Intervention Program (PTI), allowing charges to be dismissed upon successful program completion. Eligibility depends on your record, the charge details, and approval from the Solicitor’s Office. Your attorney can help determine if PTI is a viable option.
The 13th Judicial Circuit Solicitor’s Office makes prosecution decisions. If the victim doesn’t cooperate, it affects the case strength but doesn’t automatically end it. The solicitor might proceed with the police report, photos, and other evidence even without the victim’s testimony.
Defense Strategies for Third-Degree Assault and Battery
Self-defense. South Carolina’s Stand Your Ground law permits force if you reasonably believe it’s necessary to prevent harm. There’s no obligation to retreat when you’re in a place you have a right to be. If the other person initiated the confrontation, this might be a valid defense.
Defense of others. Protecting another person from harm is a valid defense. You need to have reasonably believed that the person you defended was in imminent danger.
Lack of unlawful intent. The charge requires an unlawful act. Accidents, even those causing minor injuries, typically don’t meet the criminal standard. If contact was accidental without intent to harm, it’s a strong defense.
No present ability. For threats or attempts without contact, the prosecution must show you could carry out the threatened harm. If not proven, a key charge element fails.
Challenging the identity of the actor. With multiple people or chaos, the prosecution might not prove beyond doubt that you were the assailant. Witness inconsistencies and alibi evidence can create doubt.
Insufficient evidence. For third-degree assault, a single witness’s credibility can be crucial. If the evidence is just the victim’s word against yours with inconsistencies, cross-examination might create reasonable doubt.
Pretrial diversion. First-time offenders in Greenville might qualify for the Pretrial Intervention Program, resulting in charge dismissal after meeting program requirements. Your attorney can guide acceptance into the program.
Plea reduction. If you’re initially charged with a more serious degree of assault, reducing the charge to third-degree often becomes the goal. Given its limited penalties and potential for expungement, third-degree assault is preferable over second-degree or higher convictions.
Why You Need an Assault and Battery Third Degree Lawyer in Greenville
A maximum sentence of 30 days might suggest the charge is manageable, but the lasting impact and available defenses demand more than a guilty plea. Many third-degree assault charges arise from circumstances where self-defense, accidents, or lack of evidence might provide a genuine defense. Accepting a guilty plea without exploring these options often results in unwarranted consequences.
John Crangle is a Greenville Criminal Defense Lawyer experienced in handling assault charges at every level, from magistrate court misdemeanors to felony trials in the Court of General Sessions. He thoroughly reviews the evidence before advising a course of action, understanding how local magistrates and prosecutors approach these cases.
Third-degree assault and battery is often the charge remaining on someone’s record after a serious incident is resolved through negotiation. Starting with a serious charge that’s reduced to third-degree improves your position, yet ensuring it doesn’t stay on your record unnecessarily is important. A skilled attorney can explore options like expungement, helping clear your record and remove barriers to employment and other opportunities.
Contact John Crangle to discuss your assault and battery third degree charge in Greenville, SC. A criminal record is a heavy burden to carry, especially if it could have been avoided.