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South Carolina Code Annotated 16-3-300: Assault and Battery of a High and Aggravated Nature (Felony)
1. Definition and Elements of the Crime
Pursuant to South Carolina Code Annotated 16-3-300(B)(1), the crime of assault and battery of a high and aggravated nature occurs when the Defendant unlawfully injures another individual resulting in: (1) great bodily injury to the other person OR (2) the act is accomplished by methods that are likely to cause death or great bodily injury.
To prove the crime of assault and battery of assault and battery of a high and aggravated nature, the State of South Carolina must be able to prove the following elements with relevant, admissible evidence:
- That the Defendant unlawfully injures an individual AND
- Great bodily injury to another person results; OR
- The act is accomplished by means likely to produce great bodily injury or death
“Great bodily injury” is defined as injury which causes a substantial risk of death, permanent disfigurement or loss or impairment of the function of a bodily member or organ.
Under South Carolina law, assault and battery of a high and aggravated nature is a lesser included offense of attempted murder.
2. Examples
Defendant has not been able to exercise at his gym for two months due to the stay at home order caused by the coronavirus. The governor announces that the state will move into phase 2 plan to open up the state. The governor has announced previously that gyms will open in Phase 2 but decided against it. Defendant and other gym members are angry and confront the owner of the gym asking him to defy the order and open up. The owner refuses. Defendant becomes enraged and begins to repeatedly punch the gym owner in the face. Gym owner suffers a skull fracture and is placed in a medically induced coma. Defendant can be charged under S.C. Code Annotated 16-3-300(B)(1).
Defendant is at a bar with friends. A patron across the bar throws a beer and hits one of Defendant’s friends in the face. Patron comes over and profusely apologizes. Friend tells patron not to worry about it and says he is fine. Defendant’s friends continue the party and forget about the incident. Defendant does not as perceives the act was done intentionally. When patron leaves the bar, Defendant is waiting for him outside. Defendant takes a metal pole and starts hitting patron about the chest and legs. Patron is seriously injured. Defendant can be charged with a crime under S.C. Code Annotated 16-3-300(B)(1).
3. Related Statutes/ArticlesFor other similar articles or related statutes to assault and battery of a high and aggravated nature and assault and battery in the first degree, please see:
- S.C. Code Ann. 16-3-300(D)(1): 2nd Degree Assault and Battery
- S.C. Code Ann. 16-3-300(E)(1): 3rd Degree Assault and Battery
- S.C. Code Ann. 16-3-29: Attempted Murder
If a Defendant can prove that he or she acted in self-defense than he or she cannot be convicted of assault and battery of a high and aggravated nature.
The crime of assault and battery of a high and aggravated nature is punishable by a maximum period of incarceration of twenty years in a South Carolina state penitentiary.
6. Criminal Defense for Assault and Battery of a High and Aggravated NatureIf you have been charged with assault and battery of a high and aggravated nature, you need to contact an experienced South Carolina criminal defense lawyer immediately. These charges carry the potential for substantial prison sentences and also expose you civil liability for any harm and/or injury your actions caused.
At Powers Law, our South Carolina attorney will zealously defend you in court. It is of utmost importance that you prepare for your defense to these charges without delay. Please call 704-342-4357 immediately.
Chris J. Beddow is the sole South Carolina criminal defense lawyer at Powers Law Firm, PA. Chris Beddow is solely responsible for all South Carolina content on this website.
