Assault and Battery in the First Degree

South Carolina Assault and Battery Law: The First Degree

What is Assault and Battery in the First Degree?

In South Carolina, assault and battery in the first degree is a felony offense. This crime involves one person injuring or threatening to injure another person without a lawful reason. Sometimes assault and battery is referred to as A&B or AB. In this blog, we might refer to the charges as AB 1st.

Four different scenarios can lead to this charge:

1. The defendant injures another person, and, while doing so, touches their private parts without permission for sexual pleasure.
2. The defendant injures another person while committing a robbery, burglary, kidnapping, or theft.
3. The defendant offers or attempts to injure another person using means likely to lead to death or great bodily injury.
4. The defendant offers or attempts to injure another person while committing a robbery, burglary, kidnapping, or theft.

Assault and battery in the first degree is a “lesser included offense” of attempted murder as well as assault and battery of a highly aggravated nature. This means it is included within those charges.

What does it mean to be charged with Assault and Battery in the First Degree in South Carolina?

If somebody is charged with assault and battery in the first degree in South Carolina, it means that they are accused of one of the four scenarios listed above. If convicted of this felony charge, the defendant could face up to 10 years in prison. This is determined by the court.

What is an example of First Degree Assault and Battery?

As an example, assault and battery in the first degree could take place during another crime, like a kidnapping. Let’s say that Ben forcibly seizes Jerry, taking him to Ben’s house. Ben ties up Jerry and breaks his fingers until he promises to give Ben money. After this, Ben lets Jerry go. Ben committed a kidnapping and assault and battery in the first degree.

AB 1st is defined by subsection C of SC Code 16-3-600:

(1) A person commits the offense of assault and battery in the first degree if the person unlawfully:
(a) injures another person, and the act:
(i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or
(b) offers or attempts to injure another person with the present ability to do so, and the act:
(i) is accomplished by means likely to produce death or great bodily injury; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.
(2) A person who violates this subsection is guilty of a felony, and, upon conviction, must be imprisoned for not more than ten years.
(3) Assault and battery in the first degree is a lesser-included offense of assault and battery of a high and aggravated nature, as defined in subsection (B)(1), and attempted murder, as defined in Section 16-3-29.

While that might be difficult to understand, a lawyer can clear up any confusion and answer any questions.

Who should I call if I’ve been charged with Assault and Battery in the First Degree?

If you’ve been charged with assault and battery in the first degree, you’ll need a lawyer as soon as possible. Contact a criminal defense attorney who can help you make the right decisions on your case. Choose someone with assault and battery in the first degree defense experience.

If you’re looking for an assault and battery in the first degree lawyer in Lexington or South Carolina, choose someone who knows the court system in South Carolina. An experienced criminal defense attorney can help you face these charges.

Judah VanSyckel is a Lexington lawyer with experience defending assault and battery in the first degree charges. Contact our offices to set up a free consultation.