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Assault

S.C. Code 16-3-600 — assault and battery by degree, from thirty days to twenty years

  • Third degree: unlawfully injuring another person, or offering or attempting to with the present ability. A misdemeanor carrying a fine of up to $500 or up to thirty days, or both.
  • Second degree: the same, where moderate bodily injury results or could have resulted, or with nonconsensual touching of private parts. A misdemeanor carrying a fine of up to $2,500 or up to three years, or both.
  • First degree: an injury involving lewd nonconsensual touching or during a robbery, burglary, kidnapping or theft, or an attempt by means likely to produce death or great bodily injury. A felony carrying up to ten years.
  • High and aggravated nature: an unlawful injury where great bodily injury results, or by means likely to produce death or great bodily injury. A felony carrying up to twenty years.
  • S.C. Code 16-3-600
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Those are the degrees of assault and battery. Moderate bodily injury includes prolonged loss of consciousness, a fracture or dislocation, or injury needing regional or general anesthesia, and does not include minor injuries like scratches and bruises that do not ordinarily need extensive care.

  • S.C. Code 16-3-600

Pointing a firearm. Presenting or pointing a loaded or unloaded firearm at another person is a felony carrying a fine in the court's discretion or up to five years. The section does not abridge the right of self defense or apply to theatrical performances.

Each lower degree is a lesser included offense of the ones above it. Assault on a household member is charged under the domestic violence chapter, and assault on an officer during an arrest under its own section. A particular charge is a question for a licensed South Carolina attorney.

  • S.C. Code 16-3-600
Sources for this section (2)
  1. S.C. Code 16-3-600 — Assault and battery; definitions; degrees of offenses
  2. S.C. Code 16-23-410 — Pointing firearm at another person

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.

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