What Comes First After an Assault and Battery Arrest
The first few days after an arrest are about release and paperwork. The case itself comes later.
- Bond hearing. A person arrested on a bailable assault and battery charge generally must receive a bond hearing within 24 hours. A bond hearing determines whether release is permitted and under what conditions; it does not decide guilt or innocence.1
- Follow your bond conditions. Read every condition of your release, including any restrictions on contacting the alleged victim or visiting certain locations. Do not contact someone in violation of a court order, even if that person contacts you first. Avoid discussing the allegations with witnesses before getting legal advice.
- The warrant. It names the charge. Keep a copy.
- Court dates. The first date may be on the bond papers or on a notice from the court. Mark it on a calendar right away, and go to every date.
- Watch for a preliminary hearing deadline. In qualifying cases, a request for a preliminary hearing generally must be made within 10 days after notice of the right, under the South Carolina Rules of Criminal Procedure. This is particularly relevant to first-degree assault and battery and ABHAN cases.3
What Are the Degrees of Assault and Battery in South Carolina?
South Carolina has four principal levels of assault and battery charges: third degree, second degree, first degree, and assault and battery of a high and aggravated nature (ABHAN).2
The charges differ based on the alleged conduct, the injuries involved, and other statutory circumstances.4 Third-degree assault and battery is a misdemeanor carrying up to 30 days in jail. Second-degree assault and battery is a misdemeanor carrying up to three years. First-degree assault and battery is a felony carrying up to 10 years, while ABHAN is a felony carrying up to 20 years.2
- Third degree: misdemeanor, up to 30 days and a fine of up to $500.
- Second degree: misdemeanor, up to three years and a fine of up to $2,500.
- First degree: felony, up to 10 years.
- ABHAN: felony, up to 20 years.2
These are the most the law allows, not predictions of a particular sentence.2
What Separates One Degree From Another
The statute draws lines based on things like an unlawful injury or an offer or attempt to injure, moderate bodily injury, great bodily injury, and specific aggravating circumstances.4 That is why two incidents that sound alike can lead to very different charges.
The charge listed on a warrant is an accusation, not a finding of guilt. The prosecution must prove the elements of the charged offense.4
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
Records Worth Saving Now
Keep what already exists, and do not delete texts, messages or videos, even ones that seem unhelpful:
- The warrant, the bond papers and every court notice
- Texts, call logs and social media messages from around that time
- Any medical paperwork connected to the incident
A lawyer can talk with you about who should see them. It also helps to write down who was there, where cameras may have been and what you remember.
Talk to Us About an Assault and Battery Charge
We begin with your account of what happened, start to finish, and your questions. We're honest about what we see, and we don't promise outcomes.
We take criminal cases in the Charleston area. Our office is on King Street in downtown Charleston. The first conversation can happen by phone.
If other charges came from the same incident, our criminal defense overview is a good place to start. If the paperwork says domestic violence, see our page on domestic violence charges.
South Carolina Law on This
- Under South Carolina law, a person arrested and charged with a bailable offense must receive a bond hearing within 24 hours of arrest. If bond is posted and delivered to the jail or detention facility, the person must be released within a reasonable time, not exceeding four hours after the bond is delivered to the facility. These statutory deadlines do not guarantee that bond will be granted or determine the amount or conditions of bond.1
- South Carolina law recognizes several levels of assault and battery, each carrying different criminal penalties. Assault and battery of a high and aggravated nature (ABHAN) is a felony punishable by up to 20 years in prison. First-degree assault and battery is also a felony, punishable by up to 10 years in prison. Second-degree assault and battery is a misdemeanor punishable by a fine of up to $2,500, imprisonment for up to three years, or both. Third-degree assault and battery is a misdemeanor punishable by a fine of up to $500, imprisonment for up to 30 days, or both.2
- For qualifying General Sessions charges, Rule 2 of the South Carolina Rules of Criminal Procedure generally requires a request for a preliminary hearing within 10 days after the defendant receives notice of the right to one.3
- Under S.C. Code § 16-3-600, the degrees of assault and battery turn on factors such as unlawful injury or an offer or attempt to injure, moderate bodily injury, great bodily injury, whether a weapon was involved, and other circumstances specified in the statute. A serious charge does not always require that the alleged victim suffered a serious physical injury. The prosecution must establish the elements of the particular offense.4
- Self-defense may be a defense to an assault and battery charge under South Carolina law. Whether it applies depends on the circumstances, including who initiated the confrontation, whether the force used was legally justified, and the nature of the threat. Being struck first does not automatically establish a valid self-defense claim.5
Frequently Asked Questions
What makes an assault and battery charge more serious?
South Carolina law considers factors such as the alleged conduct, the severity of an injury, whether a weapon was involved, and certain other circumstances. A serious charge does not always require that the alleged victim suffered a serious physical injury. The prosecution must establish the elements of the particular offense, and the facts may support defenses or a challenge to the charge.4
What if I was acting in self-defense?
Self-defense may be a defense to an assault and battery charge under South Carolina law. Whether it applies depends on the circumstances, including who initiated the confrontation, whether the force used was legally justified, and the nature of the threat.5 Witness statements, video footage, injuries, and other evidence may be important in evaluating what happened.
Can a family member call a lawyer for me?
Yes. Someone you trust can make the first call, even while you are still in jail. It helps to have your full name, the charge if they know it and any court date. The first conversation can happen by phone.
How long does an assault and battery case take?
There is no set length. It depends on the level of the charge, the court it is in and how many court dates the case needs. Save each notice the court sends, and tell the clerk if your address changes.
Sources
- S.C. Code § 22-5-510(B)
- S.C. Code § 16-3-600(B)-(E)
- Rule 2, South Carolina Rules of Criminal Procedure
- S.C. Code § 16-3-600
- South Carolina self-defense law, as stated in Sean Hall's Nov 5 review notes
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
