Assault vs. Battery in South Carolina: What’s the Difference Legally?

October 30, 2025

When someone says “assault” or “battery,” many people think they mean the same thing, or that one is worse than the other. In South Carolina, the law treats these terms together under a statute titled “Assault and Battery,” but the nuances matter for both victims and defendants. 

If you or someone you know is dealing with assault and battery charges, or is a victim of such conduct, you should consider speaking to an experienced attorney. Contact Us Today for a free consultation.

This blog will cover:

• The legal definitions in South Carolina
  
• How South Carolina’s statute treats “assault” and “battery” together
  
• The different degrees of assault & battery under South Carolina law
  
• What the penalties look like
  
• Common questions people search for (Q&A/FAQ)
  
• What to do if you are a victim, or if you’ve been accused
  

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1. Legal Definitions – Assault vs. Battery (Generally and in South Carolina)

General common-law distinction:
Traditionally, many jurisdictions treat assault as an act creating a reasonable fear or apprehension of harmful or offensive contact, whereas battery is the actual harmful or offensive contact.
However — many U.S. states, including South Carolina, combine the concepts under one statute.

South Carolina’s approach:
In SC the statute titled South Carolina Code Section 16‑3‑600 (“Assault and Battery”) defines multiple degrees of “assault and battery” and does not separate “assault” and “battery” into distinct crimes in the statute.

In simpler terms: if you threaten or attempt to injure someone, or you actually injure someone without legal justification, you may face charges under the statute.

THE BOTTOM LINE:

• If someone made you fear immediate harm (even if you were not touched) or threatened you, you might have an assault & battery claim.
  
• If someone actually touched you unlawfully, injured you or attempted to do so, it also falls under the same statute. The degree (severity) depends on injury, intent, context.
  
• Because SC doesn’t use “assault” and “battery” separately, the nuance lies in degree and severity, not necessarily in separate labels.
  

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2. Degrees of Assault & Battery in South Carolina

The statute divides the offense into tiers based on severity. Here’s a breakdown:

a) Assault & Battery in the Third Degree (§ 16-3-600(E))

• A person “unlawfully injures another person,” or offers/attempts to injure another person with the present ability to do so. South Carolina 16-3-600(E)
  
• Misdemeanor. Penalty: up to 30 days in jail and/or up to $500 fine.
  
• Example: A punch or shove which causes minor injury, or even an attempt without injury, may fall here.
  

b) Assault & Battery in the Second Degree (§ 16-3-600(D))

• A person unlawfully injures another, or offers/attempts to injure another with present ability to do so, AND either: (a) moderate bodily injury results or could result, or (b) non-consensual touching of the private parts of a person.
  
• Misdemeanor. Penalty: up to 3 years in prison and/or fine up to $2,500.
  
• Example: A non-consensual sexual touching (not rise to first degree) or an assault causing moderate injury.
  

c) Assault & Battery in the First Degree (§ 16-3-600(C))

• A person unlawfully injures another person and: (i) touches private parts non-consensually with lewd intent; or (ii) the injury occurred during commission of another crime (robbery, burglary, kidnapping, theft); or the person attempted to injure another by means likely to produce death or great bodily injury.
  
• Felony. Penalty: up to 10 years in prison.
  

d) Assault & Battery of a High and Aggravated Nature (ABHAN) (§ 16-3-600(B))

• The most serious tier: a person unlawfully injures another person and either “great bodily injury” results, or the act is accomplished by means likely to produce death or great bodily injury.
  
• Felony. Penalty: up to 20 years in prison.
  

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3. Assault and Battery Penalties in South Carolina

Here’s a quick comparison of penalties under South Carolina law:

Degree	Classification	Maximum Penalty*
Third Degree (16-3-600(E))	Misdemeanor	Up to 30 days in jail + up to $500 fine
Second Degree (16-3-600(D))	Misdemeanor	Up to 3 years prison + up to $2,500 fine
First Degree (16-3-600(C))	Felony	Up to 10 years prison
ABHAN (16-3-600(B))	Felony	Up to 20 years prison

*Actual sentence may be less; penalties depend on facts, prior record, etc.

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4. Key Differences

• Injury vs. Fear: Even if no physical injury occurs, an attempt or threat (with ability) may be charged (Third Degree).
  
• Non-consensual sexual contact or commission during another felony: These increase the severity (First Degree).
  
• Great bodily injury or use of means likely to cause death: Triggers ABHAN.
  
• Misdemeanor vs felony classification: Misdemeanors (Third/Second) carry shorter sentences; felonies (First, ABHAN) carry much more serious penalties, long-term consequences.
  
• Record and collateral effects: Even a misdemeanor shows on the record, can affect employment, licensing, immigration, etc.
  
• Victim rights and civil claims: Victims may pursue civil action (personal injury) in addition to criminal case.
  

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5. Frequently Asked Questions (Q & A)

Here are some of the questions people commonly search for — and the legal answers in a South Carolina context.

Q1. What is the difference between “assault” and “battery” in South Carolina?
A1. Although commonly distinguished in other jurisdictions, South Carolina law combines assault and battery into one statute (§ 16-3-600). There is no separate “battery” charge. Instead, the severity is determined by degree and facts.

Q2. Can you be charged with assault and battery even if you didn’t touch someone?
A2. Yes — if you attempted or threatened injury and had the present ability to do so, you may face Third Degree assault & battery even without actual physical contact.

Q3. What is “moderate bodily injury” versus “great bodily injury”?
A3. “Moderate bodily injury” may include loss of consciousness, temporary disfigurement, or temporary loss of use of a body part; it triggers Second Degree. “Great bodily injury” means substantial risk of death, permanent disfigurement or impairment; it triggers ABHAN.

Q4. Can assault and battery be a felony in South Carolina?
A4. Yes. First Degree and ABHAN are felony offenses. Second and Third Degrees are misdemeanors.

Q5. If I’m a victim of assault and battery, what should I do?
A5. Important steps: (a) Get medical care for injuries and document them; (b) Report the incident to law enforcement; (c) Preserve evidence (photos, witness statements); (d) Speak to a lawyer about your civil rights (you may have a personal injury claim).
(This is more general advice; consult a lawyer for your particular case.)

Q6. If I’m accused of assault and battery, what are my defenses?
A6. Some common defenses include: self-defense, defense of others, consent in certain situations, lack of intent, mistaken identity. A criminal defense lawyer should evaluate facts.

Q7. Can assault and battery become domestic violence charges?
A7. Yes. If the victim is a household member and the conduct triggers the domestic violence statute (e.g., South Carolina Code Section 16‑25‑20), the offense may be charged under the domestic violence laws which carry additional consequences. South Carolina Legislature Online

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We Can Help

If you have questions about how the law applies in your situation, or if you were harmed or you’re facing charges, you should speak with a qualified attorney who knows South Carolina criminal law. Contact Us Today to set up a free consultation.