Assault and Battery by Mob Defense Lawyer in Charleston, SC
Assault and battery by mob in SC is when two or more people attack another person. The potential penalties are significantly higher than with a single-person assault and battery.
The increased penalties for assault and battery by mob reflect the serious nature of the crime – when two or more people attack someone, it is more likely to result in serious injury or death. Assault and battery by mob covers “lynching” – which means exactly what you think – as well as any assault where multiple assailants are involved.
South Carolina does not have a hate crime law.
Assault and Battery by Mob First Degree
First-degree assault and battery by mob is another name for murder when two or more people are involved in the killing. It carries the same penalty as murder – a mandatory minimum of 30 years in prison up to life in prison.
Assault and Battery by Mob Second Degree
When the assault results in serious bodily injury, the attackers can be charged with second-degree assault and battery by mob which is punishable by a minimum of three years in prison and up to 25 years in prison.
Assault and Battery by Mob Third Degree
When multiple attackers cause any type of bodily injury to a person, they can be charged with third-degree assault and battery by mob.
3rd-degree assault and battery by mob is punishable by up to one year in prison – a significant increase in the potential sentence compared to the maximum of 30 days for an assault and battery by a single attacker.
Does Assault and Battery by Mob Apply to Kids Fighting at School?
Although the assault and battery by mob statute seems to be designed to address lynching and other “organized” violence specifically against minorities – until recently, it was called the crime of lynching – it is rarely used for that purpose. Today, it is most often used to charge teenagers who get into a “free-for-all” with multiple participants.
Any fight where more than two people are involved is covered by the statute – but, do we really need a law that carries 3-25 years in prison to address fights at school?
SC Assault and Battery by Mob Defense Attorney in Charleston
If you have been charged with any crime in the Charleston or Eastern SC area, including assault and battery or other violent crimes, call Charleston criminal defense lawyer Grant B. Smaldone now at (843) 808-2100 or send us a message to set up a free consultation to discuss your case.
