To prove the crime of assault and battery by mob, the State of South Carolina carries the burden of production of admissible evidence and burden of proof Beyond a Reasonable Doubt:
- That two or more persons assembled (“mob”), without color or authority of law (legal authorization to assemble)
- That the mob assembled for the premeditated purpose and intent to commit an act of violence against the person of another AND
- That the act of violence results in death, serious bodily injury or injury
A “mob” occurs when two or more people assemble, without the authority to do so under law, for the premeditated purpose and intent to commit an act of violence against the person of an individual or the person of a group of individuals.
2. Examples Defendant is a member of the Re-Open SC group, advocates for the reopening of South Carolina’s economy during the coronavirus pandemic. Defendant and group members are tired that their protests have not gained any traction with the South Carolina governor in Columbia. The group plans to attack a group of reporters on the capitol steps to shed light on their extreme frustrations. As planned, Defendant and other group members (“mob”) attack the reporters on the capitol steps during a press conference with the governor, severely injuring half a dozen reporters and police officers in the process. One of the reporters dies from their injuries days later. The police arrest Defendant and all other group members for the attack. Defendant and the other group members can be charged and convicted with assault and battery by mob in the first degree, a serious felony charge in South Carolina.
Defendant and his friends are members of an elite baseball team at a South Carolina university. Due to the coronavirus pandemic, their season has been on hold until the President of the university will announce whether baseball will continue. To the team’s bewilderment, the President announces that all baseball is canceled for the remainder of the year and has in fact ended the baseball program permanently. Defendant and teammates are angry and plan to get revenge. Defendant and two teammates storm the President’s office and seriously injure the President and members of his staff and campus security. Defendant and the five teammates are arrested and charged with assault and battery by mob in the 2nd degree.
3. Related Statutes/Articles For other similar articles or related statutes to larceny, please see:
- Disorderly Conduct charges in South Carolina
- Assault and Battery charges in the First Degree
- Carolina Law Blog – Topics of Interest and Discussion
- S.C. Code Ann. 16-3-210: Assault and Battery by Mob (2nd degree)
- S.C. Code Ann. 16-3-29: Attempted Murder
- S.C. Code Ann. 16-3-300: Assault and Battery
4. Defenses If a Defendant can prove that the assemblage of two or more persons was not for the premeditated purpose to inflict violence on another, the defendant should not be convicted of assault and battery by mob. Additionally, if the Defendant can show that no one was harmed by the mob (physical injury), that may serve as a valid defense to the criminal charge of assault and battery by mob.
5. Penalties for Assault and Battery by Mob The crime of assault and battery by mob in the first degree is a felony punishable by a maximum period of incarceration of thirty years in a state correctional facility.
The crime of assault and battery by mob in the second degree is a felony punishable by a maximum period of incarceration of twenty-five years in a state correctional facility.
The crime of assault and battery by mob in the third degree is a misdemeanor punishable by a maximum period of incarceration of one year in a county jail and/or state correctional facility.
In addition to prison time, any and all members of the mob may be subject to civil liability (money damages) for any injury/damages caused by their violent actions.
6. Criminal Defense for Assault and Battery by Mob If you have been charged with assault and battery by mob, you need to consult with an experienced South Carolina criminal lawyer.
This crime carries the potential for substantial prison time and monetary damages. A felony can permanently hinder you from leading a meaningful life and this crime can also affect you substantially economically.
At Powers Law Firm PA, our South Carolina attorney Chris Beddow works hard to protect the liberties of the accused and zealously defend you in court.
Please call today for a free consultation.
It’s imperative to begin your defense without delay. Please call 704-342-4357 immediately.
Chris J. Beddow is the sole South Carolina criminal defense lawyer at Powers Law Firm, PA. Chris Beddow is also solely responsible for all South Carolina content on this law firm website and blog.