South Carolina
South Carolina Assault and Battery Laws: Degrees and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 19 primary sources cited on this page. How we verify our legal content
South Carolina does not separate assault from battery. S.C. Code 16-3-600 creates one offense, "assault and battery," in four degrees, and each degree covers both actually injuring someone and offering or attempting to injure someone "with the present ability to do so." Assault and battery in the third degree (up to 30 days) and the second degree (up to 3 years) are misdemeanors; assault and battery in the first degree (up to 10 years) and assault and battery of a high and aggravated nature (up to 20 years) are felonies. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers South Carolina's assault and battery statutes in Title 16 of the South Carolina Code: sections 16-3-95, 16-3-210, 16-3-600, 16-3-610 and 16-3-625 in chapter 3, the domestic violence sections 16-25-10, 16-25-20, 16-25-30 and 16-25-65, section 16-9-320, organized retail crime of an aggravated nature in 16-13-135(F), the classification sections 16-1-20 and 16-1-90, the body-fluids and National Guard assault sections 24-13-470 and 25-1-2180, and the civil filing periods in 15-3-530, 15-3-40 and 15-3-555. It does not cover self-defense and justification (see South Carolina self-defense laws), orders of protection (see South Carolina restraining order laws), sexual offenses, other statutes in other titles of the Code, federal assault crimes (covered on the assault and battery hub) or local ordinances.
Assault vs. battery in South Carolina
In many states, assault is the threat or attempt and battery is the contact. South Carolina's statute joins the two words into one offense name, "assault and battery," and builds the attempt into the definition of each degree. The base offense, in 16-3-600(E)(1), reads:
"A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so."
So a person who actually injures someone and a person who offers or attempts to injure someone with the present ability to do so commit the same offense. The higher degrees add facts about the injury, the means used, or the surrounding crime.
Under 16-3-600(E)(3), assault and battery in the third degree "is a lesser-included offense of assault and battery in the second degree," of the first degree, of assault and battery of a high and aggravated nature, and of attempted murder under 16-3-29.
The current text of 16-3-600 comes from 2010 Act No. 273 (effective June 2, 2010), as amended by 2011 Act No. 39 and 2015 Act No. 58.
South Carolina assault and battery degrees and penalties
Each degree carries its own penalty in the statute. The table lists the four degrees and the related offenses in chapters 3, 9, 13 and 25 of Title 16. All figures are maximums unless a minimum is stated.
| Offense | Statute | What it covers | Class | Statutory penalty |
|---|---|---|---|---|
| Assault and battery, third degree | 16-3-600(E) | Unlawfully injuring another person, or offering or attempting to injure another person with the present ability to do so | Misdemeanor | Fine up to $500, up to 30 days, or both |
| Assault and battery, second degree | 16-3-600(D) | The third-degree conduct plus moderate bodily injury that results or could have resulted, or nonconsensual touching of private parts, under or above clothing | Misdemeanor | Fine up to $2,500, up to 3 years, or both |
| Assault and battery, first degree | 16-3-600(C) | Injuring another person where the act involves lewd nonconsensual touching of private parts or occurs during a robbery, burglary, kidnapping or theft; or offering or attempting to injure, with present ability, by means likely to produce death or great bodily injury or during one of those crimes | Felony (listed among Class E felonies in 16-1-90) | Up to 10 years |
| Assault and battery of a high and aggravated nature | 16-3-600(B) | Unlawfully injuring another person where great bodily injury results or the act is accomplished by means likely to produce death or great bodily injury | Felony (listed among Class C felonies in 16-1-90) | Up to 20 years |
| Assault and battery with a carried or concealed deadly weapon | 16-3-610 | A conviction under 16-3-600 (or 16-3-29 or manslaughter) where the offense is committed with a deadly weapon of the character specified in 16-23-460 carried or concealed on the defendant | Additional misdemeanor sentence | 3 to 12 months, or a fine of not less than $200, or both, in addition to the sentence for the underlying offense |
| Domestic violence, third degree | 16-25-20(D) | Causing, or offering or attempting to cause, physical harm or injury to one's own household member | Misdemeanor | Fine of $1,000 to $2,500, up to 90 days, or both |
| Domestic violence, second degree | 16-25-20(C) | Domestic violence plus a listed factor, including moderate bodily injury, one prior domestic violence conviction in the past ten years, or a third-degree offense committed in the presence of a minor, against a person known to be pregnant, or by impeding the victim's breathing or air flow | Misdemeanor | Fine of $2,500 to $5,000, up to 3 years, or both |
| Domestic violence, first degree | 16-25-20(B) | Domestic violence plus a listed factor, including great bodily injury or means likely to cause it, two or more prior domestic violence convictions within ten years, or use of a firearm in any manner | Felony | Up to 10 years |
| Domestic violence of a high and aggravated nature | 16-25-65 | Domestic violence under circumstances manifesting extreme indifference to the value of human life where great bodily injury results or a person would reasonably fear imminent great bodily injury or death, or a protection-order violation committed with first-degree domestic violence | Felony | Up to 20 years |
| Assaulting, beating or wounding an officer serving process or during an arrest | 16-9-320(B) | Knowingly and wilfully assaulting, beating or wounding a law enforcement officer serving or executing a legal writ or process, or an officer making an arrest the person is resisting, when the person knows or reasonably should know the arrester is a law enforcement officer | Felony (listed among Class E felonies in 16-1-90) | Fine of $1,000 to $10,000, up to 10 years, or both |
| Resisting arrest with a deadly weapon | 16-3-625 | Resisting an officer's lawful efforts to arrest with the use or threat of use of a deadly weapon against the officer, while possessing or claiming to possess one | Felony | 2 to 10 years |
| Inflicting great bodily injury upon a child | 16-3-95(A) | Inflicting great bodily injury upon a child | Felony | Up to 20 years |
| Organized retail crime of an aggravated nature | 16-13-135(F) | Wilfully and maliciously causing moderate or great bodily injury to another person while committing organized retail crime | Felony | Fine up to $50,000, up to 15 years, or both |
| Assault and battery by mob, third degree | 16-3-210(D) | An act of violence by a mob upon the body of another person resulting in bodily injury | Misdemeanor | Up to 1 year |
| Assault and battery by mob, second degree | 16-3-210(C) | An act of violence by a mob upon the body of another person resulting in serious bodily injury | Felony | 3 to 25 years |
| Assault and battery by mob, first degree | 16-3-210(B) | An act of violence by a mob upon the body of another person resulting in death | Felony (exempt from the felony classes under 16-1-10(D)) | Not less than 30 years |
These are the penalties for the offense itself; S.C. Code 17-25-45 requires life without parole for some repeat convictions, described below.
South Carolina also has a general classification scheme. Under S.C. Code 16-1-20(A), a Class C felony carries "not more than twenty years," a Class E felony "not more than ten years," and a Class A misdemeanor "not more than three years." The penalty clauses in 16-3-600 itself match those ceilings for the degrees that 16-1-90 lists, and they are what the table gives.
Under S.C. Code 17-25-45, assault and battery of a high and aggravated nature, first-degree domestic violence, domestic violence of a high and aggravated nature and second-degree mob assault are "serious offenses," and first-degree mob assault is a "most serious offense." A conviction for a serious offense after two or more prior serious or most serious convictions, or for a most serious offense after one prior most serious conviction or two prior serious convictions, carries life without parole.
Definitions that decide the degree
Section 16-3-600(A) defines three terms "For purposes of this section":
- Great bodily injury "means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ."
- Moderate bodily injury "means physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation." The definition adds that moderate bodily injury "does not include one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care."
- Private parts means "the genital area or buttocks of a male or female or the breasts of a female."
The line between second degree and the felony degrees therefore often turns on the injury: moderate bodily injury (resulting or possible) supports second degree, while great bodily injury, or means likely to produce death or great bodily injury, supports assault and battery of a high and aggravated nature.
"Deadly weapon" has separate definitions in other sections. For the domestic violence article, 16-25-10(1) defines it as "any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used to inflict deadly force." Section 16-3-625 uses "any instrument which can be used to inflict deadly force."
Is assault a felony in South Carolina?
Assault and battery in the third degree and the second degree are misdemeanors, although the second degree carries up to 3 years. The two higher degrees are felonies:
- Assault and battery in the first degree (16-3-600(C)), up to 10 years. It applies when an injury involves lewd nonconsensual touching of private parts or occurs during a robbery, burglary, kidnapping or theft, or when an offer or attempt to injure, with present ability, is made by means likely to produce death or great bodily injury or during one of those crimes.
- Assault and battery of a high and aggravated nature (16-3-600(B)), up to 20 years, when the person unlawfully injures another and "great bodily injury to another person results" or "the act is accomplished by means likely to produce death or great bodily injury."
Outside 16-3-600, assaulting, beating or wounding an officer serving process, or an officer making an arrest the person is resisting when the person knows or reasonably should know the arrester is a law enforcement officer (16-9-320(B)), first-degree domestic violence (16-25-20(B)) and inflicting great bodily injury on a child (16-3-95(A)) are also felonies.
Assaulting a police officer or other protected person in South Carolina
Section 16-3-600 does not raise the degree because of who the person assaulted is. Its degrees turn on the injury, the means used and the surrounding crime, and it contains no tier for law enforcement officers, health care workers, teachers, sports officials, or elderly or disabled people. Outside Title 16, S.C. Code 24-13-470 makes it a felony punishable by up to 15 years, served consecutively, for an inmate, detainee, person in custody or person under arrest to throw or attempt to throw body fluids on a state or local law enforcement officer or a correctional or detention-facility employee, and 25-1-2180 makes an assault on National Guard members, or civil officers lawfully aiding them, while on active duty in the State a misdemeanor punishable by up to 2 years. Other titles of the Code are outside this article.
Chapters 3, 9 and 25 of Title 16 include these person-specific rules:
- Officers serving process or making an arrest. Under 16-9-320(B), it is unlawful "to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not." It is a felony punishable by a fine of $1,000 to $10,000, up to 10 years, or both.
- Resisting arrest with a deadly weapon. Under 16-3-625, a person who resists an arrest "with the use or threat of use of a deadly weapon against the officer," while in possession or claiming to be in possession of a deadly weapon, commits a felony punishable by not less than two and not more than ten years.
- Children. Under 16-3-95(A), "It is unlawful to inflict great bodily injury upon a child," a felony punishable by up to 20 years.
- Household members. The domestic violence offenses below apply only to a person's own household member.
Domestic violence in South Carolina
Domestic violence is its own offense in chapter 25 of Title 16, separate from 16-3-600. Under 16-25-20(A), it is unlawful to "(1) cause physical harm or injury to a person's own household member; or (2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril."
A "household member" under 16-25-10(3) means "(a) a spouse; (b) a former spouse; (c) persons who have a child in common; or (d) a male and female who are cohabiting or formerly have cohabited." In Doe v. State, 421 S.C. 490 (2017), the South Carolina Supreme Court declared sections 16-25-10(3) and 20-4-20(b) "unconstitutional as applied to Doe," a same-sex former cohabitant, and held that "the family court may not utilize these statutory provisions to prevent Doe or those in similar same-sex relationships from seeking an Order of Protection." The section as published still prints the "male and female" wording, with an editor's note pointing to Doe.
The four tiers:
- Third degree (16-25-20(D)): any violation of 16-25-20(A). Misdemeanor; fine of $1,000 to $2,500, up to 90 days, or both.
- Second degree (16-25-20(C)): a violation plus a listed factor, including moderate bodily injury (or means likely to cause it), one prior domestic violence conviction in the past ten years, or a third-degree offense committed in the presence of, or while being perceived by, a minor, against a person known or who reasonably should have been known to be pregnant, or by impeding the victim's breathing or air flow. Misdemeanor; fine of $2,500 to $5,000, up to 3 years, or both.
- First degree (16-25-20(B)): a violation plus a listed factor, including great bodily injury (or means likely to cause it), two or more prior domestic violence convictions within ten years, or using a firearm in any manner. Felony; up to 10 years.
- High and aggravated nature (16-25-65): a violation of 16-25-20(A) committed under circumstances manifesting extreme indifference to the value of human life where great bodily injury results, or that would reasonably cause a person to fear imminent great bodily injury or death; or a protection-order violation committed with first-degree domestic violence. Felony; up to 20 years. Under 16-25-65(D), circumstances manifesting extreme indifference to the value of human life "include, but are not limited to," using a deadly weapon; impeding a household member's breathing or circulation by pressure to the throat or neck or by obstructing the nose or mouth "and thereby causing stupor or loss of consciousness for any period of time"; committing the offense in the presence of a minor; committing it against a person the defendant knew, or should have known, to be pregnant; committing it during a robbery, burglary, kidnapping or theft; and using physical force to block access to a phone or electronic communication device.
Orders of protection are a separate civil process; see South Carolina restraining order laws. State law has its own firearm ban. Under 16-25-30, a person convicted of first-degree domestic violence or domestic violence of a high and aggravated nature may not ship, transport, receive or possess a firearm or ammunition, for ten years (from conviction or release, whichever is later) and for life, respectively; violating that ban is a felony punishable by up to 5 years. The ban also reaches some second- and third-degree convictions where the court finds moderate bodily injury or orders it at sentencing. Federal law adds a firearm consequence: 18 U.S.C. 922(g)(9) makes it unlawful for a person convicted of a misdemeanor crime of domestic violence, as defined in 18 U.S.C. 921(a)(33), to possess a firearm or ammunition in or affecting commerce. The assault and battery hub covers the federal layer.
Civil lawsuits for assault and battery
A criminal case and a civil lawsuit are separate. The State prosecutes the crime; the injured person can bring a civil claim for damages on their own.
Under S.C. Code 15-3-530(5), the three-year period applies to "an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law." If the injured person was under 18 when the claim arose, S.C. Code 15-3-40 leaves the time before age 18 out of the count, but the deadline cannot be extended more than one year past the 18th birthday. A claim for injury arising out of sexual abuse or incest has its own period under 15-3-555: six years after the person turns 21 or three years from discovery of the injury and its cause, whichever is later. For other filing deadlines, see South Carolina statute of limitations.
Related legal issues
- Self-defense. Whether force was legally justified is a separate question with its own rules; see South Carolina self-defense laws.
- Orders of protection. See South Carolina restraining order laws.
- Clearing a record. Whether an assault and battery charge or conviction can be expunged is covered on South Carolina expungement laws.
Related articles
- Assault and battery laws by state
- South Carolina self-defense laws
- South Carolina restraining order laws
- South Carolina expungement laws
- South Carolina statute of limitations
- North Carolina assault and battery laws
This article provides general legal information about South Carolina assault and battery statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Carolina.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in South Carolina?
South Carolina treats them as one offense. S.C. Code 16-3-600 defines assault and battery in four degrees, and each degree covers both unlawfully injuring another person and offering or attempting to injure another person with the present ability to do so.
What is assault and battery in the third degree in South Carolina?
It is unlawfully injuring another person, or offering or attempting to injure another person with the present ability to do so (16-3-600(E)). It is a misdemeanor punishable by a fine of up to $500, up to 30 days, or both.
Is assault and battery in the second degree a felony in South Carolina?
No. Second-degree assault and battery is a misdemeanor under 16-3-600(D), but it carries a fine of up to $2,500, up to 3 years, or both.
What is ABHAN in South Carolina?
ABHAN is assault and battery of a high and aggravated nature under 16-3-600(B): unlawfully injuring another person where great bodily injury results or the act is accomplished by means likely to produce death or great bodily injury. It is a felony punishable by up to 20 years.
What happens if you assault a police officer in South Carolina?
Knowingly and wilfully assaulting, beating or wounding a law enforcement officer who is serving process, or an officer making an arrest the person is resisting, when the person knows or reasonably should know the arrester is a law enforcement officer, is a felony under 16-9-320(B), punishable by a fine of $1,000 to $10,000, up to 10 years, or both. Resisting arrest with the use or threat of a deadly weapon is a separate felony under 16-3-625, punishable by 2 to 10 years. Section 16-9-320(B) covers only those two situations; 16-3-600 has no separate degree for officers. Separately, S.C. Code 24-13-470 makes it a felony punishable by up to 15 years for a person under arrest, in custody or detained to throw or attempt to throw body fluids on a law enforcement officer or a correctional or detention employee.
What is criminal domestic violence in South Carolina?
Under 16-25-20, it is causing, or offering or attempting to cause, physical harm or injury to one's own household member. It is graded from third degree (up to 90 days) to domestic violence of a high and aggravated nature (up to 20 years under 16-25-65).
How long do you have to sue for assault and battery in South Carolina?
S.C. Code 15-3-530(5) sets a three-year period for an action for assault, battery, or any injury to the person or rights of another not arising on contract and not enumerated by law. Different rules apply if the injured person was a minor (15-3-40) or the claim arises from sexual abuse or incest (15-3-555).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 16: CRIMES AND OFFENSES
§ 16-3-600Assault and battery; definitions; degrees of offensesIn force
(A) For purposes of this section: (1) "Great bodily injury" means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. (2) "Moderate bodily injury" means physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation. Moderate bodily injury does not include one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care. (3) "Private parts" means the genital area or buttocks of a male or female or the breasts of a female.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-25-20Acts prohibited; penaltiesIn forcecited in 2 of our articles
(A) It is unlawful to: (1) cause physical harm or injury to a person's own household member; or (2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril. (B) Except as otherwise provided in this section, a person commits the offense of domestic violence in the first degree if the person violates the provisions of subsection (A) and: (1) great bodily injury to the person's own household member results or the act is accomplished by means likely to result in great bodily injury to the person's own household member; (2) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree; (3) has two or more prior convictions of domestic violence within ten years of the current offense; (4) the person uses a firearm in any manner while violating the provisions of subsection (A); or (5) in the process of committing domestic violence in the second degree one of the following also results: (a) the offense is committed in the presence of, or while being perceived by a minor; (b) the offense is…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- United States v. Clemons (Supreme Court of South Carolina 2024)“…along with its general criminal domestic violence statute, S.C. Code Ann § 16-25-20 (2015 & Supp. 2023), was enacted in 201…”
- State v. Olandio R. Workman (Court of Appeals of South Carolina 2022)“…circumstances reasonably creating fear of imminent peril." S.C. Code Ann. § 16-25-20(A) (Supp. 2021). A defendant is guilty…”
- Doe v. State (Supreme Court of South Carolina 2017)“…ormerly have cohabited." (Emphasis added.) 10 See, e.g., S.C. Code Ann. § 16-25-20 (Supp. 2017) (providing: (1) enhanced p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Child Custody Laws: 17 Best-Interests Factors and Your Rights
§ 16-25-65Domestic violence of a high and aggravated nature; elements; penalty; statutory offenseIn force
(A) A person who violates Section 16-25-20(A) is guilty of the offense of domestic violence of a high and aggravated nature when one of the following occurs. The person: (1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results; (2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or (3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree. (B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years. (C) The provisions of subsection (A) create a statutory offense of domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-9-320Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving processIn force
(A) It is unlawful for a person knowingly and wilfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both. (B) It is unlawful for a person to knowingly and wilfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-95Infliction or allowing infliction of great bodily injury upon a child; penalty; definition; corporal punishment and traffic accident exceptionsIn force
(A) It is unlawful to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years. (B) It is unlawful for a child's parent or guardian, person with whom the child's parent or guardian is cohabitating, or any other person responsible for a child's welfare as defined in Section 63-7-20 knowingly to allow another person to inflict great bodily injury upon a child. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than five years. (C) For purposes of this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (D) This section may not be construed to prohibit corporal punishment or physical discipline which is administered by a parent or person in loco parentis in a manner which does not cause great bodily injury upon a child.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-210Assault and battery by mob; investigation and apprehension; civil liabilityIn force
(A) For purposes of this section, a "mob" is defined as the assemblage of two or more persons, without color or authority of law, for the premeditated purpose and with the premeditated intent of committing an act of violence upon the person of another. (B) Any act of violence inflicted by a mob upon the body of another person, which results in the death of the person, shall constitute the felony crime of assault and battery by mob in the first degree and, upon conviction, an offender shall be punished by imprisonment for not less than thirty years. (C) Any act of violence inflicted by a mob upon the body of another person, which results in serious bodily injury to the person, shall constitute the felony crime of assault and battery by mob in the second degree and, upon conviction, an offender shall be punished by imprisonment for not less than three years nor more than twenty-five years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-625Resisting arrest with deadly weapon; sentencing; "deadly weapon" defined; application of sectionIn force
A person who resists the lawful efforts of a law enforcement officer to arrest him or another person with the use or threat of use of a deadly weapon against the officer, and the person is in possession or claims to be in possession of a deadly weapon, is guilty of a felony and, upon conviction, must be punished by imprisonment for not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced under this section for a second or subsequent offense shall have the sentence suspended to less than two years nor shall the person be eligible for parole until after service of two years. As used in this section "deadly weapon" means any instrument which can be used to inflict deadly force. This section does not affect or replace the common law crime of assault and battery with intent to kill nor does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the "Youthful Offenders Act".
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-1-20Penalties for classes of feloniesIn force
(A) A person convicted of classified offenses, must be imprisoned as follows: (1) for a Class A felony, not more than thirty years; (2) for a Class B felony, not more than twenty-five years; (3) for a Class C felony, not more than twenty years; (4) for a Class D felony, not more than fifteen years; (5) for a Class E felony, not more than ten years; (6) for a Class F felony, not more than five years; (7) for a Class A misdemeanor, not more than three years; (8) for a Class B misdemeanor, not more than two years; (9) for a Class C misdemeanor, not more than one year. (B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence. (C) This chapter does not apply to the minimum sentences established for fines or community service.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-1-90Crimes classified as feloniesIn forcecited in 2 of our articles
(A) The following offenses are Class A felonies and the maximum terms established for a Class A felony, not more than thirty years, as set forth in Section 16-1-20(A), apply: 10-11-325(B)(2) Detonating an explosive or destructive device or igniting an incendiary device upon the capitol grounds or within the capitol building resulting in death to a person where there was not malice aforethought 16-3-50 Manslaughter—voluntary 16-3-29 Attempted murder 16-3-652 Criminal sexual conduct First degree 16-3-655(C)(2) Criminal sexual conduct, 1st degree, with minor less than 16, 2nd offense 16-3-656 Assault with intent to commit criminal sexual conduct First degree 16-3-658 Criminal sexual conduct where victim is legal spouse (separated) First degree 16-3-910 Kidnapping 16-3-920 Conspiracy to commit kidnapping 16-3-1050(F) Abuse or neglect of a vulnerable adult resulting in death 16-3-1075(B)(2) Carjacking (great bodily injury) 16-3-2020(B)(2) Trafficking in persons—2nd offense 16-3-2020(C) Trafficking in persons in which the victim is under age eighteen—1st offense 16-11-110(A) Arson in the first degree 16-11-330(A) Robbery while armed with a deadly weapon 16-11-380(A) Entering bank with…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: South Carolina Theft Laws: Petit vs Grand Larceny and Shoplifting
South Carolina Code of Laws, Title 15: CIVIL REMEDIES AND PROCEDURES
§ 15-3-530Three yearsIn forcecited in 10 of our articles
Within three years: (1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520; (2) an action upon a liability created by statute other than a penalty or forfeiture; (3) an action for trespass upon or damage to real property; (4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property; (5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; (6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought; (7) any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; (8) an action on any policy of insurance, either fire or life, whereby any…
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 202 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Santee Portland Cement Co. v. Daniel International Corp. (Supreme Court of South Carolina 1989, 299 S.C. 269)“…f contract was barred by the statute of limitations. See S.C. Code Ann. § 15-3-530 (1) (1976) (six year period in which to…”
- Thomerson v. DeVito (Supreme Court of South Carolina 2020)“…Does the three-year statute of limitations of S.C. Code Ann. § 15-3-530 apply to claims for promissory estoppel…”
- Dean v. Ruscon Corp. (Supreme Court of South Carolina 1996, 321 S.C. 360)“…rior to April 5,1988, . must be commenced within six years. S.C. Code Ann. § 15-3-530(3) (1976). The discovery rule is applic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Dog Bite Laws: Liability and Victim Rights, South Carolina Car Accident Laws: Fault, Insurance, and Your Claim, South Carolina Motorcycle Accident Laws (2026): Deadlines
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Sources and References
- S.C. Code 16-3-600, Assault and battery; definitions; degrees of offenses(www.scstatehouse.gov).gov
- S.C. Code 16-3-610 (additional sentence for an offense committed with a carried or concealed deadly weapon)(www.scstatehouse.gov).gov
- S.C. Code 16-25-20, Acts prohibited; penalties (domestic violence)(www.scstatehouse.gov).gov
- S.C. Code 16-25-65, Domestic violence of a high and aggravated nature; elements; penalty; statutory offense(www.scstatehouse.gov).gov
- S.C. Code 16-9-320, Opposing or resisting law enforcement officer serving process; assaulting officer engaged in serving process(www.scstatehouse.gov).gov
- S.C. Code 16-3-625 (resisting arrest with a deadly weapon)(www.scstatehouse.gov).gov
- S.C. Code 16-3-95, Infliction or allowing infliction of great bodily injury upon a child(www.scstatehouse.gov).gov
- S.C. Code 16-3-210, Assault and battery by mob(www.scstatehouse.gov).gov
- S.C. Code 16-1-20, Penalties for classes of felonies; 16-1-90, Crimes classified as felonies(www.scstatehouse.gov).gov
- S.C. Code 16-25-10, Definitions (domestic violence)(www.scstatehouse.gov).gov
- Doe v. State, 421 S.C. 490, 808 S.E.2d 807 (2017)(www.courtlistener.com)
- 18 U.S.C. 922(g)(9), Unlawful acts (misdemeanor crime of domestic violence)(www.govinfo.gov).gov
- 18 U.S.C. 921(a)(33), Definition of misdemeanor crime of domestic violence(www.govinfo.gov).gov
- S.C. Code 15-3-530, Three years (limitation of civil actions)(www.scstatehouse.gov).gov
- S.C. Code 16-25-30, Firearms and ammunition prohibitions; penalties(www.scstatehouse.gov).gov
- S.C. Code 24-13-470, Throwing of body fluids on correctional facility employees and others; penalty(www.scstatehouse.gov).gov
- S.C. Code 25-1-2180, Assault upon military personnel(www.scstatehouse.gov).gov
- S.C. Code 16-13-135, Organized retail crime (as amended by 2025 Act No. 1)(www.scstatehouse.gov).gov
- S.C. Code 15-3-40, Exceptions as to persons under disability; 15-3-555, Statute of limitations for action based on sexual abuse or incest(www.scstatehouse.gov).gov
- S.C. Code 17-25-45, Life sentence for person convicted for certain crimes(www.scstatehouse.gov).gov
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