Simple Assault vs. Aggravated Assault Charges in South Carolina
Being charged with assault in South Carolina can mean very different things depending on the degree of the charge.
The state doesn’t treat all assaults the same—there are four distinct levels, from simple assault to assault and battery of a high and aggravated nature. The difference isn’t just in wording; it’s in the potential punishment.
Knowing whether you’re facing simple assault or aggravated assault isn’t just legal jargon. It determines what’s truly at stake.
South Carolina Has Four Degrees of Assault and Battery
South Carolina law combines assault and battery into a single offense with four different levels of severity.
- Assault means threatening someone or making them fear you’re going to hurt them.
- Battery means you actually made physical contact—pushing, hitting, grabbing, or any unwanted touching.
The degree you’re charged with depends on how seriously the other person was injured and what your intent was.
Assault and Battery in the Third Degree (Simple Assault)
This is the lowest level. It’s a misdemeanor.
You can be charged with third-degree assault if you:
- unlawfully injured someone
- attempted to injure them
- threatened them in a way that made them fear you would hurt them.
Common examples include pushing, shoving, slapping, grabbing, hair pulling, or scratching someone.
You can even be charged without touching anyone—if you threatened them and they reasonably believed you could hurt them, that’s enough.
Penalties: Up to 30 days in jail and a $500 fine.
Assault and Battery in the Second Degree
This is still a misdemeanor, but more serious.
Second-degree assault involves causing moderate bodily injury or having the potential to cause moderate injury.
What counts as “moderate bodily injury”?
Injuries that cause:
- prolonged loss of consciousness
- temporary disfigurement
- temporary loss of function in a body part
- injuries requiring medical treatment with anesthesia
Penalties: Up to 3 years in jail, a fine of up to $2,500, or both.
Assault and Battery in the First Degree
First-degree assault means you caused great bodily injury to someone—or the injury happened during the commission of another serious crime like robbery, burglary, or kidnapping.
What counts as “great bodily injury”?
Serious harm that creates:
- substantial risk of death
- permanent disfigurement
- permanent loss of function of a body part
Penalties: Up to 10 years in prison.
Assault and Battery of a High and Aggravated Nature (ABHAN)
This is the most serious assault charge.
It’s a felony that requires one of two things:
- you caused great bodily injury
- you injured someone in a way that was likely to cause death or great bodily injury.
The classic examples are stab wounds or gunshot wounds.
But you can also be charged with ABHAN even if the victim wasn’t seriously hurt—if you fired a gun into an occupied house or attacked someone with a deadly weapon, that’s ABHAN.
Penalties: Up to 20 years in prison.
Quick Comparison: The Four Degrees
| Charge | Type | What It Involves | Maximum Penalty |
| Third Degree (Simple Assault) | Misdemeanor | Minor injury, attempt to injure, or threat | 30 days jail + $500 fine |
| Second Degree | Misdemeanor | Moderate bodily injury or unwanted touching | Up to 3 years jail, up to $2,500 fine, or both |
| First Degree | Felony | Great bodily injury or assault during another crime | 10 years in prison |
| ABHAN (Aggravated) | Felony | Great bodily injury OR means likely to cause death | 20 years in prison |
Why the Degree Matters
The difference between a misdemeanor and a felony is huge.
Misdemeanors are bad, but they’re not life-ruining. You might face jail time, fines, and probation. You’ll have a criminal record. But you can move on.
Felonies change everything. Prison time is measured in years. Once you’re convicted, you lose your right to vote, your right to own guns, and your ability to get many jobs. Professional licenses can be revoked. Felony convictions follow you for life.
Your Defense Options When Charged with Assault
These charges are defensible. Here’s what your lawyer can do.
Prove You Acted in Self-Defense
South Carolina law allows you to use force to defend yourself if you reasonably believe you’re in danger.
You have no duty to retreat if you’re in a place where you have a legal right to be. But the force you use has to be proportional to the threat.
Challenge the Severity of the Charges
Prosecutors sometimes overcharge assault cases. They charge you with second degree when the injuries don’t rise to the level of “moderate bodily injury.”
Your lawyer will review all the medical records and evidence to show that the charges don’t match what actually happened.
Show You Didn’t Intend to Hurt Anyone
If you were trying to leave a situation and pushed past someone to get out, but didn’t intend to injure them, your lawyer can argue you shouldn’t be convicted of assault.
Prove the Alleged Victim Is Lying
Sometimes people lie about what happened. Your lawyer will look for inconsistencies in the victim’s story, evidence that contradicts their claims, witnesses who saw what actually happened, and text messages that show their real motive.
Challenge Whether the Prosecution Can Prove Their Case
The state has to prove every element beyond a reasonable doubt.
- Did the alleged victim suffer the level of injury required for the charge?
- Can they prove you were the one who caused the injury?
- Do they have witnesses or evidence, or is it just one person’s word against yours?
Enhanced Penalties in Certain Situations
Some assault cases carry additional penalties.
- Domestic violence. If the victim is a household member, harsher penalties apply and it can affect custody and gun rights.
- Assault by mob. If two or more people commit assault together, causing serious injury carries a minimum sentence of 3 years and up to 25 years.
- Assault with a deadly weapon. Using a gun or knife can result in additional weapons charges on top of the assault charge.
Don’t Wait. Get Help Now.
At Okoye Law, we’ve defended clients facing all degrees of assault charges throughout Rock Hill, Fort Mill, and York County.
We know how prosecutors build these cases. We know what defenses work. And we know how to negotiate to get charges reduced or dismissed when possible.
If you’ve been charged with assault in Rock Hill or York County, don’t wait.
Contact Okoye Law today for a consultation.
The sooner you hire a lawyer, the sooner we can start building your defense, interviewing witnesses, and challenging the state’s case.
Author Bio
Colin Okoye is the CEO and Managing Partner of Okoye Law, a Rock Hill, SC, criminal defense, personal injury, and family law firm. With years of experience, he has zealously represented clients in various legal matters, including DUI charges, divorce cases, and car accidents.
Colin received his Juris Doctor from the Charlotte School of Law and is a South Carolina Bar Association member. His previous experience working as an Assistant Public Defender in the Sixteenth Judicial Circuit has equipped him with the necessary skills and knowledge to represent clients in a wide range of cases effectively.