What Happens When Assault Charges Get Upgraded to Felony in South Carolina?

An assault charge in South Carolina can be upgraded from a misdemeanor to a felony when the injury turns out to be worse than first believed, when a weapon is involved, or when the solicitor reviews the file and decides the facts support a more serious offense. This often happens after the arrest, sometimes weeks later, and it moves your case out of magistrate court and into General Sessions court, where the penalties jump from months to years.

Here is how the upgrade actually happens in South Carolina in 2026, and what it means for your case.

The Four Levels of Assault and Battery

South Carolina grades assault and battery in Section 16-3-600 of the state code. The ladder looks like this:

• Third degree: a misdemeanor, up to 30 days and a $500 fine
• Second degree: a misdemeanor, up to three years and a $2,500 fine
• First degree: a felony, up to ten years
• Assault and battery of a high and aggravated nature (ABHAN): a felony, up to twenty years

The felony line sits between second and first degree. Everything that pushes a case across it comes down to a handful of facts.

What Causes a Charge to Be Upgraded?

Several developments commonly move a case up the ladder:

• The injury turns out to be more serious. An injury that looked moderate at the scene may be documented later as a fracture, an internal injury, or something requiring surgery. Medical records arriving after the arrest are one of the most common triggers.
• A weapon or dangerous instrument was used. Using an object in a way likely to cause death or serious injury can elevate the charge immediately.
• The manner of the act. Even without serious injury, conduct accomplished by means likely to produce death or great bodily injury can support ABHAN.
• Additional facts emerge. Witness statements, video, or a more detailed account from the accuser can change how the solicitor views the case.
• The accuser’s account changes. Injuries and allegations sometimes grow between the night of the incident and the interview weeks later.

How the Upgrade Happens Procedurally

This is the part that catches people off guard. The officer who arrests you picks an initial charge, but the solicitor decides what you are actually prosecuted for.

The typical path looks like this:

• You are arrested and charged with a misdemeanor, and the case is set in magistrate or municipal court
• The solicitor’s office reviews the file, including medical records and witness statements
• If the facts support a felony, the case is transferred to General Sessions court
• A grand jury issues an indictment on the felony charge

You may learn about the upgrade through a notice, a new bond hearing, or at a court appearance. Because the review happens after your arrest, the window between arrest and indictment is the most valuable time to have a lawyer working, since that is when evidence can be presented to the solicitor before charging decisions harden.

What Changes When Your Case Becomes a Felony

The upgrade changes nearly everything about your case:

• The court changes. Felonies are prosecuted in General Sessions court, not magistrate court, with different procedures and a longer timeline.
• A grand jury indictment is required.
• Your exposure multiplies. Moving from second degree to first degree takes the maximum from three years to ten. ABHAN takes it to twenty.
• Bond may be revisited, sometimes at a higher amount or with new conditions.
• Collateral consequences arrive. A felony conviction affects firearm rights, employment, housing, professional licensing, and immigration status in ways a misdemeanor does not.

Can an Upgraded Charge Be Reduced Again?

Yes, and this is where most of the real defense work happens. The same facts that moved a charge up can be contested to move it back down:

• Challenging the injury classification. Whether an injury legally qualifies as “great bodily injury” is a genuine question, and medical records often support a lesser classification than the state claims.
• Disputing the weapon or manner. Whether an object or method was truly likely to produce death or great bodily injury is frequently arguable.
• Self-defense. Under South Carolina’s Protection of Persons and Property Act, lawful self-defense is a complete defense, and it can end the case entirely.
• Attacking the accuser’s account. Inconsistencies between the 911 call, the initial report, and later statements matter.
• Questioning causation. Whether your actions actually caused the injury alleged is an element the state must prove.

Getting a first-degree charge reduced to second degree moves it back to a misdemeanor, which changes the entire trajectory of your life after the case.

Frequently Asked Questions

Can my charge be upgraded after I was already released on bond?

Yes. The solicitor reviews the case after arrest and can pursue a more serious charge, which may also lead to a new bond hearing with different conditions.

How long after my arrest can the charge be changed?

There is no fixed moment. Upgrades often follow the arrival of medical records or witness interviews, which can be weeks or months later, and the case is then indicted in General Sessions court.

What makes an assault a felony in South Carolina?

Generally the severity of the injury or the manner of the act. First degree and ABHAN are felonies, while second and third degree are misdemeanors.

Can a felony assault charge go back to a misdemeanor?

Yes. Challenging the injury classification, the alleged weapon, or the manner of the act can support a reduction, and self-defense can defeat the charge entirely.

Your Next Step If Your Assault Charge Was Upgraded

An upgrade is a decision made by a prosecutor reviewing a file, which means it can be contested by a defense lawyer presenting a fuller picture. The earlier that happens, the better. At Okoye Law, our assault and battery defense team fights charge upgrades and pushes for reductions across Rock Hill, Fort Mill, and York County. Call as soon as you can, since evidence and witness memories fade, and ask about our flexible payment options. Contact Okoye Law for a confidential consultation.