2nd Degree Assault and Battery
Assault and battery second degree requires that you caused or could have caused moderate bodily injury to another person. Hi, my name is Dale Savage and I’m a criminal defense attorney here in Charleston, South Carolina. And today we’re talking about assault and battery second degree charges, and the type of harm required to be charged with this offense.
Assault and Battery Penalties
To establish assault and battery second degree, the state has to show that you
- unlawfully injured another person or could have injured another person and had the present ability to do so, or
- that you caused or could have caused moderate bodily injury or you touched another person’s private positive without consent, either above or below their clothing.
- This is a misdemeanor offense and it carries up to three years in prison and a fine of up to $2500.
As you can tell from the language of the statute, it covers more than just someone physically hitting another person. Although that’s still covered by the statute, it’s the type of harm, the moderate bodily injury that separates this offense from assault and battery, third degree charge. And so let’s talk about what moderate bodily injury means.
Moderate Bodily Injury
Moderate bodily injury means that you caused or inflicted on another person, a disfigurement, loss of consciousness, the injuries required either a local or general anesthesia, the person suffered temporary loss of a member or organ of their body, or I suffered a dislocation or a fracture to their person.
There are a number of defenses to these types of cases and they typically revolve around these two types, either self-defense or misidentification, meaning there wasn’t me or someone else that caused the harm. Good attorneys know that misidentification is one of the key points to any of these types of charges, and the reason for that is a couple. Typically, a case like this involves two parties that don’t know each other and haven’t met each other until the time of the incident occurring. Oftentimes, these cases involve more than just two people being involved, and when there’s a number of people involved in a fight or some sort of a physical altercation, sometimes it can be really hard or impossible to determine who is the person that actually landed the blow that caused the moderate bodily injury.
Moreover, if a person does lose consciousness as a result of the altercation, a lot of the times that can affect their ability to accurately remember or identify who was the person who actually landed that blow that caused the injury. That’s why it’s vital that your attorney can conduct their own investigation, maybe using their own resources, such as an investigative team to review the case and to explore these defenses for you.
Charleston, SC Criminal Defense Attorney
So if you have been charged with assault and battery second degree and would like to discuss your options. Please give me a call at (843) 530-7813. I hope this video was helpful and thanks for watching.