What Happens if You’re Accused of Aggravated Assault in SC
Aggravated assault is usually charged as Assault and Battery of a High and Aggravated Nature (ABHAN) in SC. It’s a felony that carries up to 20 years in prison. The moment the allegation is made, your life changes instantly—police decide guilt in minutes, prosecutors assume intent, and your side of the story risks being buried.
If you’ve been accused of aggravated assault, we encourage you to reach out to the Law Office of Mo Abusaft immediately. Our defense lawyer in South Carolina will step in early to protect their rights, challenge assumptions, and build a solid defense strategy tailored to your case.
What Does Aggravated Assault Mean Under South Carolina Law?
SC law doesn’t use the phrase “aggravated assault” in its statutes. Instead, the equivalent offense is ABHAN, and it’s a felony defined by two elements:
- An unlawful act of violent injury, and
- Circumstances of aggravation, which may include the use of a deadly weapon, serious bodily injury, or extreme recklessness.
ABHAN is treated far more seriously than simple assault or third-degree assault. While prosecutors must still prove intent, they typically lean heavily on the severity of injuries, witness statements, or whether a weapon was present, even if that weapon was never used.
Here are typical examples of how aggravated assault accusations might arise in SC:
- Two groups argue outside a bar. A shove becomes a punch, someone falls, and a witness tells police a bottle was used, even if the accused person never held one. Officers may arrest the nearest person involved.
- Two neighbors argue over noise. One swings a garden tool toward the other but stops short. The other called 911, claiming they were attacked with a weapon. When officers see the object nearby, they lean toward ABHAN.
- Police respond to a 911 call after a couple argues. One partner says the other “tried to hit me with a lamp.” No injuries were found, but officers elected to make an arrest.
What Happens After You’re Accused of Aggravated Assault in SC?
Aggravated assault cases unfold quickly because officers respond to chaotic scenes. For instance, fights outside bars, arguments in apartment complexes, or disputes that escalate within seconds at weekend downtown events. The investigation begins immediately. Police reports, body-camera footage, surveillance video, 911 recordings, and witness statements will shape your case long before a prosecutor hears your side.
Next, prosecutors evaluate the “aggravating” factors and look for:
- the presence or alleged use of a weapon
- vulnerability of the alleged victim
- the severity of injuries
- extreme disregard for safety
Police usually make charging decisions based on incomplete stories. Witness memory is often unreliable, and adrenaline changes how events are reported. But once you’re charged with aggravated assault, the consequences begin immediately. You’re suddenly being booked and photographed, facing a bond hearing within 24 hours, and risking your job and reputation before trial.
How an Aggravated Assault Lawyer in South Carolina Can Help You Fight Back
Intent, fear, self-defense, and misidentification are all critical issues in ABHAN cases. A seasoned South Carolina aggravated attorney will rebuild the moment from every angle by:
- Examining lighting, distances, and timing at the scene.
- Reviewing bodycam closely because officers commonly mishear or misinterpret statements in chaotic situations.
- Documenting injuries (or the lack of them) with precision, using medical records to counter exaggerated claims.
- Controlling communication with police and prosecutors so nothing is taken out of context.
The goal is to expose gaps in the prosecution’s case and push for dismissal, reduction, or acquittal, whatever the facts support.
Connect With Our Assault Defense Lawyer in South Carolina
Contact the Law Office of Mo Abusaft online or call 864-406-8941 to learn how our aggravated assault attorney in South Carolina can help.