Can I Get Arrested for Protesting in South Carolina?

In recent years, the right to assemble has taken on increased significance as protestors continue to demand change. The value of exercising one's right to assemble is immeasurable. It allows marginalized voices to be heard while shining a light on systemic issues and galvanizing collective action to address them.

Through the power of unity and solidarity, people can bring attention to crucial matters that might otherwise go unnoticed. Unfortunately, in recent years, protests have become more dangerous due to a variety of factors, from heavy-handed policing to the weaponization of technology.

In many cases, protestors can be arrested and charged with a crime. It’s crucial to know what steps to take in the event this happens to you. In this blog, we’ll review the First Amendment right to peaceful assembly and review common criminal offenses that can ensue from protests in South Carolina.

Understanding the Constitutional Right to Assemble

The First Amendment affords U.S. citizens certain rights and liberties, including five “pillar stones” of freedom:

1. Freedom of religion – The First Amendment ensures that individuals have the right to practice their own religion, or no religion at all, without government interference or persecution. It grants the freedom to worship, observe religious rituals, and hold religious beliefs according to one's conscience.
2. Freedom of speech – This pillar guarantees the right to express opinions, ideas, and viewpoints freely, regardless of popularity or disagreement. It safeguards our ability to engage in open discussions, criticize the government, advocate for change, and participate in public discourse without fear of censorship or reprisal.
3. Freedom of the press – The freedom of the press safeguards the right of journalists and media organizations to report news, provide information, and express editorial opinions. It acts as a check on governmental power and ensures transparency and accountability. This pillar allows for a vibrant and independent media that can inform the public and hold authorities accountable.
4. Freedom of assembly – This pillar protects the right to gather peacefully and associate with others for various purposes, such as protests, demonstrations, and public meetings. It allows individuals to come together, voice their concerns collectively, and advocate for social and political change. The right to assemble is crucial for fostering a robust civil society.
5. Freedom to petition – The freedom to petition guarantees the right of individuals to address grievances and seek redress from the government. This pillar allows citizens to voice their concerns directly to the government through petitions, letters, or other forms of communication, enabling them to demand action and influence public policy.

Can Protests Lead to Criminal Charges in SC?

While lawful protests are legal under the First Amendment, this doesn’t mean that protestors can’t be charged with criminal offenses in South Carolina. In some cases, even peaceful protests can result in serious legal implications for innocent and well-meaning defendants, making it all the more crucial to understand your rights and exercise them as needed.

A common crime that protestors can be charged with, even during peaceful assemblies, is an offense known as assault and battery by mob (SC Code §16-3-210). This offense can be charged as either a felony or misdemeanor depending on the severity of the crime. Under South Carolina law, “mob” is legally 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.”

This offense is classified as one of three degrees, as outlined below:

Third-Degree Assault & Battery by Mob

Third-degree assault and battery by mob, the least severe degree, is defined in §16-3-210(D), which states, “Any act of violence inflicted by a mob upon the body of another person, which results in bodily injury to the person, shall constitute the misdemeanor crime of assault and battery by mob in the third degree.”

If convicted of this misdemeanor, defendants can face misdemeanor charges punishable by up to one year of imprisonment.

Second-Degree Assault & Battery by a Mob

Second-degree offenses are defined in §16-3-210(C), which states, “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.”

If convicted of this offense, defendants can face felony charges punishable by 3-25 years in prison.

First-Degree Assault & Battery by a Mob

Assault and battery by a mob in the first degree is codified under §16-3-210(A), which states, “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.”

If convicted, offenders can face felony charges punishable by a minimum of 30 years in prison.

Contact a Fierce Defense Lawyer in South Carolina

The Law Office of James R. Snell, Jr., LLC has defended the rights of hardworking South Carolinians since 2004. Our wealth of legal knowledge and proven track record of success makes us well-equipped to represent the accused in a variety of criminal cases, from property crimes to traffic offenses. If you’ve been arrested or charged with a crime, don’t wait to secure the experienced defense you need to clear your name and safeguard your future.

Charged with a crime? Our aggressive Lexington attorneys can fight to defend your rights and restore your freedom. Contact us online to discuss your case.