Assault Charges in South Carolina: Degrees, Penalties, and Legal Consequences

By Christopher A. Wellborn

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Criminal Defense

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Last Modified on Jul 22, 2026

Assault charges in South Carolina can range from relatively minor offenses to serious felonies carrying substantial penalties. The exact charge varies based on the facts surrounding the alleged incident, such as the severity of any injuries and other circumstances.

Knowing how assault offenses are categorized and what penalties they carry can help you make informed decisions if you are facing criminal allegations. Understanding what to expect is an important first step in protecting your rights.

Hire an Assault Lawyer

Christopher A. Wellborn, P.A., focuses exclusively on criminal defense, representing clients charged with misdemeanors and felonies in state and federal courts throughout South Carolina. Christopher A. Wellborn is a former York County prosecutor who has practiced criminal defense since 1990 and founded the firm in 1997.

He also served as president of the National Association of Criminal Defense Lawyers, bringing decades of focused criminal defense experience to clients facing serious charges throughout the state.

How South Carolina Classifies Assault Charges

In South Carolina, assault is charged based on the circumstances of the alleged offense and the extent of injuries involved. S.C. Code Ann. § 16-3-600 lists first-, second-, and third-degree assault and battery offenses, which are generally charged based on the severity of the conduct at issue.

Beyond these degrees, a distinct felony charge, assault and battery of a high and aggravated nature, exists, characterized by specific aggravating circumstances.

In 2024, the South Carolina Law Enforcement Division reported 19,710 aggravated assaults statewide. Statewide crime trends may go up and down, but the legal and personal consequences of an assault conviction can follow you for years after a case is closed. Knowing how these charges are classified is an important first step in any criminal case.

Penalties for Assault Convictions in South Carolina

The penalties for a conviction range from up to 30 days in jail on some third-degree assault and battery convictions to up to 20 years of imprisonment on a charge of assault and battery of a high and aggravated nature per S.C. Code Ann. § 16-3-600.

Other sentences can include fines, probation, restitution, community service, and counseling. Sentencing depends on the specific charge, as well as the circumstances of the alleged offense. As a result, understanding the potential penalties associated with your case is an important part of determining your legal options.

Collateral Legal Consequences of an Assault Conviction

A conviction for assault can result in consequences beyond the fines and punishment issued by the court. A criminal record can make it difficult to get a job, obtain professional licenses or certifications, rent a home, or pass a background check.

It may also affect educational and volunteer opportunities, as well as certain professional relationships. Collateral consequences can last long after a sentence has been served, so it is important to consider how a conviction could impact your future.

What to Do if You Are Charged With Assault

If you are charged with assault, do not say anything to the police or discuss the allegations with anyone else until you have spoken to an attorney. In addition, preserve any evidence that supports your version of events, including photographs, videos, text messages, and the names and contact information of any witnesses.

Missing court or otherwise violating the conditions of your bond can result in additional criminal charges. By contacting an attorney early, you have more time to review the evidence against you, explain the charges you are facing, and discuss potential defenses before your case advances through the criminal justice system.

FAQs

What Is the Difference Between Assault and Battery in South Carolina?

In South Carolina, assault and battery are both charged under the same criminal offense and not as separate charges. The state is required to prove elements of the specific criminal offense beyond a reasonable doubt, and the facts of the alleged crime dictate the degree of the offense. A general understanding of South Carolina assault and battery definitions can help you more fully understand the allegations and potential penalties you face if charged.

Can an Assault Charge Be Reduced or Dismissed?

An assault charge can be reduced or dismissed in some cases, but it will depend on the evidence, the law, and the facts of the specific case. A prosecutor may want to reassess charges against a defendant if witness statements vary, the evidence is weak, or legal issues arise during a police investigation.

An attorney can evaluate the facts, identify weaknesses in the prosecution’s case, and determine whether there are grounds to seek a reduction or dismissal before trial.

Will an Assault Conviction Stay on My Criminal Record?

An assault conviction might linger on your record and surface during background checks unless South Carolina law offers a path for expungement. A permanent criminal record can impact your ability to get a job, education, housing, and other opportunities.

The South Carolina Law Enforcement Division has stated that violent crime in the state went down 8.4% from 2023 to 2024. However, individual convictions can impact your life, regardless of the crime trends in your state.

Where Are Assault Cases Heard Near Lake Wylie?

Assault charges for crimes committed in the Lake Wylie area are usually heard in the relevant York County court, depending on the level of charge. Misdemeanor and felony charges are treated differently, and felony charges may require several court appearances before the case is tried or otherwise resolved. Knowing which court is handling your case and understanding the criminal process can help you prepare for each stage of the proceedings.

Contact an Assault Lawyer

If you have been charged with a crime in South Carolina, one of the first things you should do is to familiarize yourself with the state’s assault laws. The level of the offense, possible punishments, and even the long-term implications on your legal record can all influence your life moving forward.

Christopher A. Wellborn, P.A., serves those charged with assault all over South Carolina and can offer experienced criminal defense. An early consultation with an assault lawyer can provide information on your rights, your legal options, and how to prepare for the criminal justice system. Schedule a consultation today to hire an assault lawyer.