South Carolina Lynching or Assault and Battery by Mob Defense Attorney

South Carolina's "lynching" statute creates confusion through its name alone—despite the term's horrific historical association, S.C. Code § 16-3-210 defines this crime simply as mob violence involving two or more people acting together to assault someone, carrying up to 20 years imprisonment even when injuries are minor.

Mob Violence Charges Require Immediate Legal Action - Call Now for Free

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Available 24/7 - Statewide Mob Violence Defense Coverage

Whether arrested after a bar fight in Columbia that escalated involving multiple people, charged following a protest where violence occurred, accused of participating in group assault in Charleston, Greenville, or Myrtle Beach, or facing prosecution anywhere across South Carolina's 46 counties for what prosecutors characterize as "mob action," these charges transform mutual combat or self-defense situations into serious felonies based solely on multiple participants.

Matt McGuire has defended lynching and mob assault charges across South Carolina for over three decades, understanding how prosecutors misuse this statute to threaten decades of imprisonment for bar fights, family disputes, or self-defense situations involving bystanders.

The Legal Expertise of McGuire Law

Mob violence prosecutions require understanding the specific elements prosecutors must prove and the unique defenses available when multiple people are involved in altercations. Decades of experience defending these charges reveals the strategies that achieve dismissals and acquittals.

Statutory Element Analysis

Deep understanding of S.C. Code § 16-3-210 requirements, challenging whether prosecution can prove "acting in concert" when participants acted individually without coordination.

Self-Defense in Group Situations

Establishing self-defense or defense of others even when multiple people were involved, proving you responded to unlawful force rather than initiating mob action.

Video Evidence Analysis

Expert examination of surveillance footage, cell phone videos, and body camera recordings to challenge identification and establish your actual role in chaotic situations.

Multiple Defendant Strategy

Protecting your interests when co-defendants have conflicting defenses, cooperation agreements, or strategies that could harm your case.

Charge Reduction Negotiations

Pursuing alternative charging options including simple assault and battery avoiding the inflammatory terminology and severe penalties of mob violence statutes.

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Charges We Defend Under South Carolina's Mob Violence Statute

South Carolina's assault and battery by mob statute carries severe penalties based on whether serious injury occurred. We defend all charges under this statute throughout the state's 46 counties.

First Degree Lynching

Defense against first degree charges carrying up to 20 years imprisonment when serious bodily injury allegedly results from mob assault under S.C. Code § 16-3-210.

Second Degree Lynching

Defense against second degree charges punishable by up to 10 years when mob assault occurs without serious bodily harm to the alleged victim.

Bar and Nightclub Altercations

Defense when fights in Columbia's Vista, Charleston's Upper King, or other entertainment districts escalate involving multiple people leading to mob charges.

Protest-Related Violence

Defense with First Amendment protections when charges arise from demonstrations, protests, or political gatherings where confrontations occurred.

Family Dispute Charges

Defense when multiple family members are charged after domestic situations escalate, with all participants facing mob violence allegations.

Self-Defense Situations

Defense when victims fought back with help from friends or family, challenging prosecution attempts to characterize defenders as mob participants.

The Statute's Terminology Creates Unfair Prejudice

The term "lynching" evokes South Carolina's horrific history of racial terrorism, creating public presumption of guilt despite the legal definition being simply group assault. We fight this prejudice aggressively.

McGuire Law's Core Values

Facing charges under a statute with such inflammatory terminology requires attorneys who understand the unique challenges these cases present—from jury prejudice to complex multi-defendant dynamics. Our values ensure aggressive protection of your rights.

Individual Focus

In multi-defendant cases, we protect YOUR interests exclusively. We never sacrifice your defense for co-defendants' strategies or cooperation agreements that could harm you.

Immediate Investigation

We act immediately to secure witness statements, preserve surveillance footage, and document evidence before it disappears and before prosecution narratives solidify.

Fighting Statutory Prejudice

We challenge the inflammatory terminology's impact on jury pools and advocate for alternative charges that don't carry the historical baggage of the lynching statute.

Transparent Strategy

You'll understand every aspect of your defense, the evidence against you, and the strategic decisions we make together to fight these serious charges.

Statewide Accessibility

We appear in circuit courts throughout all 46 South Carolina counties, bringing the same aggressive defense whether your case is in Columbia, Charleston, or rural magistrate court.

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Defense Strategies We Employ

Mob violence charges require attacking both the statutory elements and the inflammatory assumptions prosecutors exploit. Every case presents opportunities to challenge the prosecution's narrative.

Challenging "Acting in Concert"

Proving you weren't coordinating with others but happened to be present during separate individual actions, defeating the mob element requirement.

Self-Defense Justification

Establishing you were protecting yourself or others from unlawful force, even if assistance came from multiple people during the confrontation.

Mistaken Identity

Challenging identification when videos are unclear, lighting was poor, or witnesses can't definitively identify all participants in chaotic multi-person altercations.

Injury Severity Challenges

Contesting first-degree charges by proving injuries didn't constitute "serious bodily harm" required for enhanced penalties under the statute.

Voluntary Participation Defense

Proving you attempted to stop violence, separate combatants, or weren't willingly participating in mob action despite being present.

Mutual Combat Defense

Reducing or eliminating culpability when all parties willingly engaged in fighting, challenging characterization as one-sided mob attack.

The McGuire Law Difference

Mob violence cases require attorneys who understand the complex dynamics of multi-defendant prosecutions, the prejudicial impact of inflammatory statutory language, and how to protect individual clients when group dynamics create conflicting interests. Matt McGuire brings over 30 years of experience to these challenging cases.

Three Decades Defending Group Violence Cases

Over 30 years defending assault and battery by mob charges throughout South Carolina, understanding how prosecutors build these cases and how to defeat them.

Multi-Defendant Case Experience

Extensive experience navigating complex cases where co-defendants have conflicting interests, cooperation agreements, or antagonistic defense strategies.

Video Evidence Expertise

Skilled analysis of surveillance footage, cell phone videos, and body camera recordings to challenge identification and establish clients' actual roles in altercations.

Statewide Court Relationships

Familiarity with prosecutors, judges, and court procedures throughout South Carolina's 46 counties—from urban circuit courts to rural jurisdictions.

Alternative Charge Negotiations

Success pursuing reduced charges that avoid the inflammatory terminology and severe penalties of the lynching statute when evidence warrants alternatives.

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Consequences of Mob Violence Convictions

Assault and battery by mob convictions create devastating consequences extending far beyond imprisonment. Understanding what's at stake reveals why aggressive defense is essential.

Immediate Consequences

Up to 20 years imprisonment for first-degree charges with serious injury
Up to 10 years for second-degree mob assault charges
Permanent felony record visible to all employers
Restitution obligations for victims' medical expenses and damages

Long-Term Impact

Violent crime classification affecting future sentencing
Professional license revocation for nurses, teachers, lawyers
Mandatory deportation for non-citizens as aggravated felony
Permanent firearm rights loss under state and federal law

Evidence Disappears Quickly After Group Altercations

Surveillance footage is overwritten, witnesses' memories fade, and social media posts are deleted. Immediate investigation preserves the evidence that proves your defense.

Frequently Asked Questions

Assault and battery by mob charges involve unique legal issues different from simple assault. Here are answers to questions South Carolina defendants commonly ask about these serious charges.

Why is it called "lynching" when it's just a fight?

South Carolina's statute uses this term historically but legally defines it simply as two or more people acting together to commit assault. The inflammatory terminology bears no relation to the actual legal elements but creates unfair prejudice.

Can I be charged if I was defending myself?

Yes, prosecutors often charge everyone present in group altercations. However, self-defense remains a complete defense even when multiple people were involved. We establish you were responding to unlawful force.

What if I was just trying to break up the fight?

Being a peacemaker is a valid defense. We gather evidence showing you attempted to stop violence rather than participate in mob action, including witness testimony and video analysis.

What's the difference between first and second degree?

First degree requires "serious bodily injury" and carries up to 20 years. Second degree applies when injuries don't meet that threshold, with a 10-year maximum. Challenging injury severity is key.

Should I talk to co-defendants about our defense?

No. Co-defendants often have conflicting interests, and communications between you could be used against you if others cooperate with prosecutors. Maintain independent legal counsel.

Can these charges be reduced to simple assault?

Yes. We pursue alternative charges when evidence supports reduction, avoiding the inflammatory terminology and severe penalties of the mob violence statute.

What if the video doesn't clearly show what I did?

Unclear video creates reasonable doubt about your specific role. We analyze footage to challenge identification and establish that prosecution cannot prove you "acted in concert" with others.

Do you handle cases outside Columbia?

Yes. We appear in circuit courts throughout all 46 South Carolina counties, bringing aggressive defense to Charleston, Greenville, Myrtle Beach, and every jurisdiction statewide.

About South Carolina Attorney Matt McGuire

Matt McGuire South Carolina Criminal Defense Personal Injury Family Law Attorney

With over 30 years of experience defending South Carolina, McGuire Law provides elite legal representation with national recognition. McGuire Law has grown from a small practice into one of the most trusted law firms in South Carolina.

McGuire Law is committed to each client's unique situation, and we don't believe in boilerplate solutions. Every case requires careful analysis, strategic planning, and aggressive representation.

McGuire Law serves all 46 South Carolina counties. We know these counties, their courts, their legal communities, and most importantly, the people who live here.

Matt McGuire received his B.A. from the University of North Carolina - Chapel Hill and his J.D. from the University of South Carolina.

Matt has served as a law clerk for a State Circuit Judge, an Assistant Attorney General for the State of South Carolina, and an Assistant Solicitor in the Fifth Circuit Solicitor's Office.

Matt is a proud husband, father of two, and a long-time resident of Richland County, South Carolina.