In Need of a Trusted Assault & Battery Attorney in Myrtle Beach, South Carolina?
Facing assault or battery charges in Myrtle Beach can change your life overnight. You may feel frightened, overwhelmed, and unsure of what comes next. South Carolina law takes violent crime allegations seriously, and a conviction can result in jail time, fines, and a permanent criminal record. The stakes are high, and your best defense begins with having an experienced local attorney who understands the Horry County court system and how to protect your rights.
At David W. Martin Law Group, our Myrtle Beach criminal defense lawyers represent clients accused of assault and battery in both the Myrtle Beach Municipal Court and the Horry County Circuit Court. We are familiar with the local judges, prosecutors, and courtroom procedures, and utilize this knowledge to develop a strong and effective defense strategy.
Understanding Assault and Battery Charges in South Carolina
Many people believe that ‘assault’ and ‘battery’ are separate crimes, but under current South Carolina law, they are grouped together as degrees of assault and battery under S.C. Code § 16-3-600. In general terms, the law covers both:
- situations where someone unlawfully injures another person (commonly understood as ‘battery’), and
- situations where someone offers or attempts to injure another person with the present ability to do so (commonly understood as ‘assault’).
The specific degree of the charge depends on the level of injury, the risk of injury, whether certain body parts were touched without consent, whether a weapon or dangerous means was used, and whether the conduct occurred during another crime, like a robbery or burglary.
South Carolina law divides assault and battery into four main categories based on the severity of the conduct and the resulting injuries:
- Assault and battery in the third degree occurs when someone unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so. It is a misdemeanor punishable by up to 30 days in jail, a fine of up to $500, or both.
- Assault and battery in the second degree occurs when a person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so, and the act either results in or could have resulted in moderate bodily injury, or involves the nonconsensual touching of the private parts of a person, either under or above clothing. This offense is a misdemeanor, but it carries serious consequences; a conviction is punishable by up to three years in prison, a fine of up to $2,500, or both under South Carolina law.
- Assault and battery in the first degree is a felony and applies in situations where a person unlawfully injures, or offers or attempts to injure, another person with the present ability to do so, and the conduct either involves the nonconsensual touching of private parts with lewd and lascivious intent, occurs during the commission of certain other crimes such as robbery, burglary, kidnapping, or theft, or is accomplished by means likely to produce death or great bodily injury. A conviction for first-degree assault and battery carries a penalty of up to 10 years in prison.
- Assault and battery of a high and aggravated nature (ABHAN) is the most serious degree of assault and battery in South Carolina. A person commits ABHAN when they unlawfully injure another person and either cause great bodily injury or act in a way that is likely to produce death or great bodily injury. This felony offense carries a potential sentence of up to 20 years in prison, making it one of the most severe non-homicide violent crimes prosecuted in South Carolina.
- Each higher degree is treated as a more serious offense. Third and second degree are misdemeanors, while first degree assault and battery and ABHAN are felonies under South Carolina law.
Each case is unique, and the penalties depend on the specific circumstances, including the severity of the injury, whether a weapon was used, and the defendant’s prior criminal history. Our firm takes the time to examine every detail thoroughly, identify weaknesses in the prosecution’s case, and protect our clients from the most severe consequences.
Everyday Situations That Lead to Assault and Battery Charges in Myrtle Beach
Assault and battery charges often arise from heated moments that escalate quickly. In a city like Myrtle Beach, where residents, tourists, and nightlife all intersect, misunderstandings can easily lead to criminal allegations.
Everyday situations that result in charges include:
- Bar or nightclub altercations.
- Disputes during sporting events or concerts.
- Domestic or relationship-related arguments.
- Road rage or parking lot confrontations.
- Self-defense situations that were misinterpreted by police.
- Physical fights that occurred under the influence of alcohol.
Sometimes, what begins as a minor disagreement can result in an arrest and criminal charges, even if you did not intend to cause harm. Having a local defense lawyer who understands how these cases play out in Horry County can make a critical difference.
How Assault and Battery Are Prosecuted in Horry County
In Myrtle Beach, third-degree assault and battery cases are typically handled in the Horry County magistrate courts, such as Myrtle Beach Magistrate Court, or in the municipal courts within the county, such as Myrtle Beach Municipal Court, or in other local summary courts. More serious charges, such as assault and battery in the second degree, assault and battery in the first degree, and assault and battery of a high and aggravated nature, are prosecuted in the Horry County Court of General Sessions.
The court where your case is filed depends on the level of the charge and the severity of the injuries and circumstances involved.
The prosecution must prove beyond a reasonable doubt that you unlawfully injured another person, or offered or attempted to do so with the present ability, and that any additional elements, such as the degree of injury, use of dangerous means, or nonconsensual touching, are met. This requires evidence such as witness statements, surveillance footage, police reports, and medical documentation. However, prosecutors often rely on limited or inconsistent evidence, and it is not uncommon for innocent people to face charges based on misunderstandings or false accusations.
Our attorneys know how to challenge this evidence. We cross-examine witnesses, question police procedures, and identify any constitutional violations, such as unlawful searches or arrests. If the prosecution’s case cannot withstand scrutiny, we pursue dismissal or reduction of the charges.
Possible Defenses to Assault and Battery Charges
The best defense strategy depends on the facts of your case, but several recognized legal defenses may apply. Each one must be supported by credible evidence and testimony.
Common defenses include:
- Self-defense is when you use reasonable force to protect yourself from harm.
- Defense of others, if you acted to protect another person from imminent danger.
- Lack of intent, when the alleged act was accidental rather than deliberate.
- Consent, in situations where both parties willingly engage in certain physical conduct, is recognized by the law as a valid defense under the circumstances.
- Mistaken identity, if witnesses or evidence wrongly identified you as the offender.
- False accusation, when the charges were fabricated or exaggerated.
Our experienced criminal defense lawyers in Myrtle Beach will analyze your case and determine the most effective approach to protect your freedom.
The Consequences of a Conviction
A conviction for assault and battery can have lasting consequences that go beyond fines and jail time. It can affect your employment, education, housing, and reputation. Even a misdemeanor on your record can raise questions for potential employers or landlords.
Long-term effects of a conviction may include:
- Difficulty finding or keeping a job.
- Ineligibility for specific professional licenses.
- Restrictions on owning or possessing firearms.
- Damaged relationships with family and community.
- Challenges obtaining loans, housing, or immigration benefits.
Our goal is to prevent a conviction whenever possible. If a conviction cannot be avoided, we work to reduce the penalties and protect your long-term future.
Why Local Experience Matters in Myrtle Beach
Defending an assault or battery charge in Myrtle Beach requires more than legal knowledge. It demands a deep understanding of how local courts operate. The Myrtle Beach Magistrate Court, Myrtle Beach Municipal Court, other summary courts, and Horry County Court of General Sessions have distinct procedures, and local prosecutors frequently take a tough stance on violent crimes.
Because our attorneys regularly practice in these courts, we are well-versed in navigating the system effectively. We understand the types of evidence that local judges find persuasive, the diversion programs available, and how to negotiate with prosecutors to achieve favorable outcomes for our clients.
How David W. Martin Law Group Can Help
At David W. Martin Law Group, we are committed to defending your rights at every stage of your case. Our Myrtle Beach criminal defense attorneys take the time to get to know you, explain the charges in plain language, and develop a strategy tailored to your circumstances.
When you work with us, you can expect:
- Prompt communication and honest advice.
- A complete investigation of your case.
- Aggressive defense in court and during negotiations.
- A focus on minimizing the long-term effects of your charges.
- Representation grounded in integrity and compassion.
We believe that everyone deserves a fair defense, and we work tirelessly to ensure our clients are treated with dignity and respect throughout the process.
Contact Our Myrtle Beach Assault and Battery Defense Lawyers
If you or someone you love has been charged with assault or battery in Myrtle Beach or anywhere in Horry County, do not wait to get legal help. The sooner you contact an attorney, the better your chances of protecting your rights and your future.
Call 854-854-5623 today to schedule a confidential case review with a Myrtle Beach assault and battery defense lawyer at David W. Martin Law Group. We are ready to help you fight for your freedom and your future.
