South Carolina Assault Penalties (2026)

Simple assault and aggravated assault charges charges in South Carolina: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing assault charges in South Carolina, consult a licensed South Carolina criminal defense attorney.

South Carolina Assault Penalties

OffensePenalty
First OffenseMisdemeanor: up to 30 days jail, $500 fine
Second OffenseFelony: up to 10 years prison

SC Code §16-3-600; 3rd degree assault and battery is misdemeanor

Assault Statute of Limitations in South Carolina

In South Carolina, the statute of limitations for assault is generally None for assault-type offenses. Murder and certain violent crimes have no statute of limitations in South Carolina.

See all South Carolina statutes of limitations →

Defending Against Assault Charges in South Carolina

Common defenses in South Carolina assault cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Carolina criminal defense attorney for advice.

Related South Carolina Laws