Assault & Battery

Assault & Battery Attorney in Greenville, SC

Trial-Ready Defense for Every Degree of Assault Charge

An assault charge in Greenville moves fast. Before the prosecution builds its case, you need an attorney who already knows how that case gets built. Attorney Thomas Adducci spent a decade as a public defender handling hundreds of cases at a time before founding his private practice. That courtroom history gives him a precise understanding of how the state approaches assault and battery charges and how to counter it. Thomas J. Adducci Law Firm has over a decade of criminal trial experience in Greenville County and handles charges at every degree level, from third-degree misdemeanor through assault and battery of a high and aggravated nature.

A conviction carries consequences well beyond the sentence itself. Employment, housing, firearms rights, and your permanent record are all on the line. Acting early matters: how quickly you retain counsel can affect bond conditions, evidence preservation, and whether the prosecution’s case gains traction. Free consultations are available 24/7 by call, text, or online, in person or virtually.

Contact an assault attorney in Greenville today at (864) 479-4973 to get started.

How South Carolina Defines Assault & Battery

South Carolina Code § 16-3-600 replaced the older simple/aggravated framework with four distinct degrees of assault and battery. Understanding which degree applies to your situation is the first step in building a defense because the charges, penalties, and strategic options differ significantly across levels.

Third-Degree Assault & Battery
A misdemeanor involving unlawful injury or an attempt to injure another person with the present ability to do so, where no significant injury results. This is the least severe degree under the current statute.

Second-Degree Assault & Battery
A misdemeanor involving moderate bodily injury, the possibility of moderate bodily injury, or nonconsensual touching of private parts. Though still a misdemeanor, the penalties are substantially higher than third degree.

First-Degree Assault & Battery
A felony involving injury occurring during a robbery, burglary, kidnapping, or theft; injury by means likely to produce death or great bodily injury; or nonconsensual touching with lewd intent.

Assault & Battery of a High & Aggravated Nature (ABHAN)
The most serious degree short of attempted murder. ABHAN involves great bodily injury or injury accomplished by means likely to produce death or great bodily injury. Under S.C. Code § 16-3-600, it is a lesser-included offense of attempted murder.

Penalties for Assault & Battery in Greenville County

South Carolina’s penalties scale significantly across the four degrees. First-degree assault and battery and ABHAN are felonies, while second and third degree are misdemeanors. But even a misdemeanor conviction carries consequences that follow a defendant long after any sentence is served.

Third-Degree Assault & Battery
Misdemeanor. Up to 30 days in jail and a fine of up to $500.

Second-Degree Assault & Battery
Misdemeanor. Up to three years in prison and a fine of up to $2,500.

First-Degree Assault & Battery
Felony. Up to 10 years in prison.

ABHAN
Felony. Up to 20 years in prison.

Deadly Weapon Enhancement
When assault and battery is committed with a deadly weapon carried or concealed on the person under S.C. Code § 16-3-610, an additional sentence of 3 to 12 months, a fine of at least $200, or both, may be imposed on top of the underlying charge.

Beyond incarceration and fines, a violent crimes conviction can restrict your right to vote and your right to possess firearms under South Carolina and federal law. Even a misdemeanor assault conviction creates a permanent criminal record that surfaces on background checks for employment and housing. This is what is at stake, and it is why the strength of your defense matters from day one.

Defense Strategies for Assault & Battery Charges

There is no single defense that fits every assault or battery case. The right approach depends on the degree of the charge, the available evidence, the credibility of witnesses, and the specific facts the prosecution intends to use. At Thomas J. Adducci Law Firm, we challenge every piece of evidence and put the prosecution’s case to the test from initial negotiations through pre-trial motions and, when necessary, at trial. Attorney Adducci’s decade as a public defender means he has litigated from both sides of the courtroom, giving him a clear view of how the state builds these cases and where they can be challenged.

Common Defense Approaches We Use

Self-Defense
South Carolina law allows a defendant to use reasonable, proportionate force when they reasonably believed they faced imminent harm. Self-defense is one of the most frequently raised defenses in assault cases and, when the facts support it, can be a strong basis to challenge the charge.

Defense of Others
A defendant who acted to protect another person from harm may assert this defense, provided the force used was proportionate to the threat faced by the person being protected.

Lack of Intent
Assault and battery require deliberate conduct. When contact was accidental rather than intentional, this defense challenges a core element the prosecution must prove.

Insufficient Evidence
When no physical evidence exists, no injury is visible, or no credible witness can confirm the alleged conduct, the prosecution may be unable to meet its burden. We press these gaps aggressively.

Witness Credibility Challenges
Eyewitness accounts aren’t always reliable. We examine whether statements align with physical facts and whether any witnesses have motives that call their testimony into question.

Physical Evidence & Surveillance Review
Medical records and photographs of alleged injuries can expose inconsistencies between the prosecution’s claims and what the evidence actually shows. Surveillance footage, when available, can corroborate the defendant’s version of events or undermine the state’s narrative entirely. We use technological tools to investigate and present these defenses as effectively as possible.

Plea Negotiations & Charge Reduction

For defendants without a prior criminal record, plea negotiations may also be an option. Reducing a second-degree charge to third degree, for example, can meaningfully change the consequences a client faces. We pursue every available avenue and don’t stop until we’ve exhausted what can be done.

Consequences That Follow a Conviction

The sentence is only part of the picture. An assault or battery conviction, even a misdemeanor, creates a permanent criminal record. Many employers conduct background checks, and a violent crimes record can disqualify candidates for jobs involving public contact or sensitive information. Landlords frequently run background checks as well, and a conviction can complicate housing applications. A felony conviction may restrict voting rights and the right to possess firearms under both South Carolina and federal law. For defendants facing domestic violence-related assault charges, additional collateral consequences may apply, including mandatory program requirements and civil protective orders. These consequences compound over time. Aggressive defense isn’t just about the charge in front of you; it’s about protecting the life you return to.

Facing Assault Charges in Greenville? Start Here.

If you or someone you know has been charged with assault or battery in Greenville County, don’t wait. Bond conditions, evidence, and early negotiations all move quickly after an arrest. The sooner you have a Greenville assault lawyer working your case, the more options may remain available. Attorney Adducci and the team at Thomas J. Adducci Law Firm are available around the clock to begin that work, with free consultations offered 24/7 by call, text, or online, in person or virtually.

Contact our Greenville assault attorneys at (864) 479-4973 to get started on your defense.

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Trusted By Clients

Thomas Adducci is a lawyer who will get the job done. I was in need of his service and he immediately went to work with no hesitation. If you have a situation that requires immediate legal action, Thomas Adducci is the lawyer to use.

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He not only made me feel more at ease with the overall situation, but with his uniquely intelligent and talented approach to my case, he practically saved my life.

- Former Client
Mr Adducci is the quintessential attorney. His skills, knowledge and experience are incomparable. He is very thorough and attends to every detail. He is positively one of a kind.

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Absolutely top-notch attorney. Excels in attention given to his client's case, his professionalism, and his communication with his client. Can't say enough good things about Mr. Adducci. You will be in good hands with his representation.

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