Reviewed by Susan E. Williams, South Carolina Criminal Defense Attorney

South Carolina has several different assault and battery charges, and the differences between them can be significant.

Depending on the allegations, a person could face a misdemeanor carrying up to 30 days in jail or a serious felony carrying decades in prison.

South Carolina’s primary assault and battery statute, S.C. Code § 16-3-600, establishes four levels:

• Assault and Battery of a High and Aggravated Nature (ABHAN)
• Assault and Battery First Degree
• Assault and Battery Second Degree
• Assault and Battery Third Degree

But those are not the only assault-related offenses under South Carolina law.

Depending on the circumstances, allegations involving an intent to kill, multiple attackers, or non-consensual sexual conduct may be charged under entirely different statutes.

This guide explains the primary assault and battery charges in South Carolina, their potential penalties, and several related offenses that are commonly confused with them.

South Carolina Assault and Battery Charges at a Glance

These are statutory maximum penalties. What happens in an individual case depends on the evidence, criminal history, circumstances of the incident, available defenses, negotiations, and other factors.

What Is Assault and Battery in South Carolina?

South Carolina law no longer distinguishes between ordinary assault and battery as the common-law offenses they once were before 2010.

Instead, § 16-3-600 establishes different degrees based on factors such as:

• The seriousness of the alleged injury
• Whether an injury actually occurred
• Whether the conduct could have caused serious injury or death
• The nature of any alleged touching
• Whether another crime was allegedly being committed at the same time

Importantly, some assault and battery charges do not require proof that someone actually suffered a completed physical injury.

An offer or attempt to injure someone, combined with the present ability to do so, can satisfy portions of the statute depending on the circumstances.

What Is Great Bodily Injury?

The degree of an assault charge often depends on the alleged injury.

South Carolina defines great bodily injury as an injury that:

• Creates a substantial risk of death;
• Causes serious, permanent disfigurement; or
• Causes a prolonged loss or impairment of the function of a bodily member or organ.

That definition becomes especially important in ABHAN cases.

Assault and Battery of a High and Aggravated Nature — ABHAN

Assault and Battery of a High and Aggravated Nature, commonly called ABHAN, is the most serious offense within the four-degree structure of §16-3-600.

A person commits ABHAN when they unlawfully injure another person and either:

• Great bodily injury results; or
• The act is accomplished by means likely to produce death or great bodily injury.

ABHAN is a felony.

What Is the Penalty for ABHAN?

A conviction can result in:

Up to 20 years in prison.

ABHAN is also a lesser-included offense of attempted murder.

Because of the potential prison sentence and felony conviction, an ABHAN allegation should be taken seriously from the beginning.

Assault and Battery First Degree

Assault and Battery First Degree is also a felony.

South Carolina law provides several ways an Assault and Battery First Degree charge may arise.

Conduct Likely to Cause Death or Great Bodily Injury

A person may face Assault and Battery First Degree when they offer or attempt to injure another person, have the present ability to do so, and the alleged act is accomplished by means likely to cause death or great bodily injury.

That means an actual serious injury is not required in every First Degree case.

Certain Nonconsensual Touching

First Degree Assault and Battery can also involve an unlawful injury that includes nonconsensual touching of another person’s private parts, over or under clothing, when accompanied by lewd or lascivious intent.

Assault During Certain Other Crimes

The statute also addresses injuries, offers, or attempts to injure that occur during the commission of a:

• Robbery
• Burglary
• Kidnapping
• Theft

Penalty for First Degree Assault and Battery

First Degree Assault and Battery is punishable by:

Up to 10 years in prison.

It is a lesser-included offense of ABHAN and attempted murder.

Assault and Battery Second Degree

Assault and Battery Second Degree generally involves conduct that causes — or could have caused — moderate bodily injury.

The statute also covers certain nonconsensual touching of another person’s private parts.

What Is Moderate Bodily Injury?

Moderate bodily injury may include an injury involving:

• Prolonged loss of consciousness
• Temporary or moderate disfigurement
• Temporary loss of the function of a body part or organ
• A fracture or dislocation
• Medical treatment requiring regional or general anesthesia

The statutory definition excludes many relatively minor injuries that do not ordinarily require extensive medical care.

Penalty for Second Degree Assault and Battery

Second Degree Assault and Battery is a misdemeanor punishable by:

• Up to three years in prison
• A fine of up to $2,500
• Or both

It is also a lesser-included offense of more serious assault and battery charges.

Assault and Battery Third Degree

Assault and Battery Third Degree is the least serious level under § 16-3-600, but it is still a criminal offense.

A person may be charged when they unlawfully:

• Injure another person; or
• Offer or attempt to injure another person while having the present ability to do so.

Penalty for Third Degree Assault and Battery

Third Degree Assault and Battery is a misdemeanor punishable by:

• Up to 30 days in jail
• A fine of up to $500
• Or both

It is a lesser-included offense of the more serious degrees of assault and battery.

“Third Degree” Does Not Mean “Third Offense”

This causes frequent confusion.

Assault and Battery Third Degree does not mean someone has been charged with Assault and Battery three times.

A person with no prior criminal record can be charged with Assault and Battery Third Degree.

The word “degree” refers to the legal classification of the alleged conduct, not to the number of prior arrests or convictions.

The same is true of First and Second Degree Assault and Battery.

Other Assault-Related Charges in South Carolina

The four offenses above are the primary assault and battery degrees under § 16-3-600.

However, South Carolina has other assault and battery crimes involving violence or threatened violence that may arise from similar circumstances.

Understanding the distinction matters because the potential penalties can be dramatically different.

What Happened to ABWIK?

People still sometimes use the term ABWIK, which stands for Assault and Battery With Intent to Kill.

ABWIK is largely a historical charge under current South Carolina law.

In 2010, the General Assembly abolished the former common-law offenses of:

• Assault and Battery With Intent to Kill (ABWIK)
• Assault With Intent to Kill (AWIK)

The change applies to offenses occurring on or after June 2, 2010.

The Legislature also directed that most references in the Code to Assault and Battery With Intent to Kill be treated as references to attempted murder.

So, when someone says they have been charged with “ABWIK,” it is important to determine the date of the alleged conduct and the exact offense listed on the warrant or indictment.

Attempted Murder

Attempted murder is separate from ordinary assault and battery.

South Carolina law provides that a person commits attempted murder when, with intent to kill and malice aforethought, they attempt to kill another person.

Attempted murder is a felony punishable by up to 30 years in prison. A sentence under the statute may not be suspended, and probation may not be granted.

This is one reason the distinction between an alleged intent to injure and an alleged intent to kill can become extremely important.

South Carolina law also establishes a hierarchy of lesser-included offenses:

Attempted Murder → ABHAN → First Degree Assault and Battery → Second Degree Assault and Battery → Third Degree Assault and Battery, depending on the evidence and elements involved.

Assault and Battery by Mob

South Carolina has a separate statute addressing Assault and Battery by Mob.

For purposes of the statute, a “mob” means two or more people assembled, without lawful authority, with a premeditated purpose and intent to commit violence against another person.

Assault and Battery by Mob First Degree

If violence committed by a mob results in death, the offense is First Degree Assault and Battery by Mob.

It is a felony punishable by at least 30 years in prison.

Assault and Battery by Mob Second Degree

If mob violence results in serious bodily injury, the offense may be Second Degree Assault and Battery by Mob.

It is a felony punishable by three to 25 years in prison.

Assault and Battery by Mob Third Degree

If mob violence results in bodily injury that is not classified as “serious bodily injury” in the statute, the offense may be Third Degree Assault and Battery by Mob.

It is a misdemeanor punishable by up to one year in jail.

These charges differ significantly from ordinary assault cases because prosecutors may focus on group participation, premeditation, and the conduct of multiple people.

What If the Alleged Victim Is a Spouse or Household Member?

When the alleged victim is a qualifying household member, South Carolina’s domestic violence statutes may apply instead of ordinary assault and battery laws.

The domestic violence statutes have their own:

• Degrees
• Penalties
• Injury definitions
• Aggravating circumstances
• Rules involving prior convictions and protection orders

Read: Domestic Violence in SC — Fines, Penalties & Jail Time here.

South Carolina’s current domestic violence statute prohibits causing physical injury to a household member or offering or attempting to cause such injury under circumstances reasonably creating fear of imminent peril.

What About Spousal Sexual Battery?

South Carolina also recognizes a separate felony called spousal sexual battery.

This is not another degree of ordinary assault and battery.

Under § 16-3-615, the offense addresses sexual battery involving aggravated force by one spouse against another spouse when they are living together.

A conviction can carry a sentence of up to 10 years in prison. The statute also contains a specific reporting requirement.

Because this is a sexual offense governed by a separate statute, it should not be confused with ordinary assault and battery or domestic violence.

Why the Exact Charge Matters

Two incidents that sound similar in everyday conversation can result in very different criminal charges.

Prosecutors may consider:

• The seriousness of the alleged injury
• Whether an actual injury occurred
• Whether the alleged conduct could have caused death or serious injury
• Whether prosecutors claim there was an intent to kill
• Whether more than one person allegedly participated in the assault and battery
• The relationship between the victim and defendant(s) involved
• Whether another crime was allegedly occurring at the same time as the assault and battery
• Whether non-consensual sexual conduct is alleged
• Whether a weapon was involved

Those distinctions can change the potential penalty from a fine, probation, or short jail sentence to decades in prison.

The exact statute listed on the warrant or indictment matters.

What Evidence Can Matter in an Assault Case?

The police report is rarely the only evidence worth examining.

Depending on the circumstances, evidence may include:

• Body-camera footage
• Surveillance video such as Ring camera footage
• Cellphone video, audio or photos
• Photographs
• 911 recordings
• Medical records
• Witness statements
• Text messages
• Emails
• Social media
• Physical evidence
• Statements made to law enforcement
• Police dash cam footage
• Video footage from a civilian’s dash cam video or from an electric car video such as a Tesla
• Drone footage recording
• Stores/ business recordings (video, audio, etc.)

Who started the confrontation may also matter.

So can differences between what a witness initially told police and what that witness says later.

Susan’s experience as both a former prosecutor and criminal defense attorney can be useful when evaluating the strengths and weaknesses of the State’s evidence.

Learn more about Susan E. Williams here.

Can Self-Defense Apply to an Assault and Battery Charge?

Yes.

Self-defense can be one of the most important issues in an assault and battery case.

The fact that two or more people were involved in a physical confrontation does not automatically mean both committed a crime.

Questions may include:

• Was there a real threat of physical harm?
• Did the accused reasonably believe they were in danger?
• Was the amount of force used reasonable under the circumstances?
• Did the accused have a legal right to be at the location?
• What do witness statements, video footage, or other recordings show?

South Carolina self-defense law can become complicated, particularly when deadly force is involved.

Read: Self-Defense Laws in South Carolina — When Are You Justified? here.

What Must the State Prove?

Being arrested or charged is not the same thing as being convicted.

The prosecution has the burden of proving each required element of the charged offense beyond a reasonable doubt.

Depending on the case, a defense attorney may examine whether the State can prove:

• Whether the accused actually committed the act
• If the injury happened as alleged
• Whether the injury is serious enough to support the specific charge
• If the accused had the ability to cause the alleged injury at the time
• Whether the required intent can be proven
• Whether witness accounts are believable and consistent
• Do video, photographs, or physical evidence support the allegations
• Whether or not self-defense or another legal defense may apply

This criminal defense practice page explains more about the burden of proof and how criminal cases are evaluated.

Can an Assault and Battery Charge Be Reduced or Dismissed?

Possibly.

There is no universal answer, and no criminal defense lawyer can ethically guarantee a particular result. If you talk to an attorney that guarantees a certain result in your case, that attorney is violating the Rules of Professional Conduct.

Depending on the facts, important issues may include whether:

• Witnesses give different versions of what happened
• Video footage does not match the allegations
• The reported injury may not support the charge that was filed
• The facts may support a claim of self-defense
• The accused may have been misidentified
• Important evidence is missing, inconsistent, or unreliable
• Statements may have been obtained in violation of the accused’s rights
• The evidence may support a lesser charge rather than the offense originally filed

The appropriate defense strategy depends on the individual case.

What Are the Long-Term Consequences of a Felony Assault Conviction?

The sentence imposed by a court may not be the only consequence.

A felony conviction can potentially affect:

• Employment
• Housing
• Professional licensing
• Background checks
• Firearm rights
• Educational opportunities
• Immigration matters
• Other future opportunities

Read: The Consequences of a Felony Conviction in South Carolina here.

Frequently Asked Questions About Assault Charges in South Carolina

Can I Be Charged With Assault if Nobody Was Injured?

Yes.

Some South Carolina assault and battery provisions apply when a person offers or attempts to injure someone and has the present ability to do so.

A completed physical injury is not required for every charge.

Can Assault and Battery Be a Felony in South Carolina?

Yes, but it depends on the degree.

Felonies:

• ABHAN
• Assault and Battery First Degree
• Spousal Sexual Battery
• Assault by Mob Second Degree
• Assault by Mob First Degree
• Attempted Murder

Misdemeanors:

• Assault and Battery Second Degree
• Assault and Battery Third Degree
• Assault by Mob Third Degree

What Is the Most Serious Assault and Battery Charge?

Within the § 16-3-600 structure, ABHAN carries the highest maximum sentence at up to 20 years.

However, related allegations can lead to even more serious charges. Attempted murder, for example, can carry up to 30 years.

Is ABWIK Still a Crime in South Carolina?

The former offense of Assault and Battery With Intent to Kill was abolished for conduct occurring on or after June 2, 2010.

In most places where South Carolina law previously referenced ABWIK, the reference now corresponds to attempted murder.

Can Several People Be Charged With Assault for the Same Incident?

Potentially.

South Carolina has a separate Assault and Battery by Mob statute that applies when two or more people assemble with the premeditated intent to commit violence against another person.

Whether that statute applies depends on the facts and evidence.

Can Self-Defense Result in an Assault Charge Being Dismissed?

Self-defense may provide a defense, but whether it applies depends on the circumstances and evidence.

No attorney can guarantee that a case will be dismissed based on self-defense without first evaluating the facts.

Should I Talk to Police About an Assault Allegation?

Before providing a statement about a criminal accusation, consider speaking with a criminal defense attorney.

Statements made during an investigation can later become evidence.

You generally cannot undo a statement simply because you later realize it was incomplete or could be interpreted differently.

Facing an Assault and Battery Charge in South Carolina?

An assault allegation can affect your freedom, criminal record, employment, reputation, and future.

Getting legal advice early can help you understand:

• The exact charge
• The potential penalties
• What the prosecution must prove
• The evidence against you
• Possible defenses
• What may happen next

Susan E. Williams has litigated criminal cases for more than 20 years as both a prosecutor and criminal defense attorney.

Her Summerville office represents people facing criminal charges throughout the South Carolina Lowcountry.

Learn about Assault and Battery Defense in Summerville and the Lowcountry.

Contact the Law Office of Susan E. Williams HERE.

About Susan E. Williams

Susan E. Williams is a South Carolina criminal defense attorney who represents clients facing criminal charges throughout the Lowcountry.

She handles matters involving DUI, domestic violence, drug charges, assault and battery, juvenile cases, and other criminal cases in South Carolina.

Learn more about Susan E. Williams

Reviewed by Susan E. Williams, South Carolina Criminal Defense Attorney

This article provides general information about South Carolina law and is not legal advice. Reading this article or contacting the Law Office of Susan E. Williams does not create an attorney-client relationship. The law and the options available depend on the specific facts and circumstances of each case.