Police upgraded assault and battery charges against a South Carolina man after discovering he is HIV positive, WSOC Charlotte reports.

According to the article, James Chambers, 41, was arrested for biting his neighbor, Shawn Moore, in the chest during a physical altercation. Once paramedics arrived at the scene, Chambers mentioned he was HIV positive, prompting police to raise the charge to assault and battery with intent to kill. Chambers is in jail on $40,000 bond.

 “The suspect in this case did know, did have full knowledge that he was HIV positive, and that does constitute malicious intent,” said police captain Brian Zachary.

The bite did not break the skin, but Moore is being tested for HIV and hepatitis as a safety precaution.