South Carolina Violent Crimes
Violent crimes are those where an individual is accused of harming, or attempting to harm, another human being. Violent Crimes range from Simple Assault, with is prosecuted in the Magistrate Court and carries a possible sentence of up to thirty days imprisonment, through Murder which is prosecuted in the Court of General Sessions and carries a possible sentence of thirty years to life imprisonment or the death penalty.
James Snell is available to assist those charged with a Violent Crime in South Carolina. If you, or a loved one, is accused of causing or participating in an injury or a death then you should immediately obtain the services of a Criminal Defense Attorney who is knowledgeable with Violent Crimes. Please call James Snell for your free case evaluation.
What follows is a list of the more common Violent Crimes:
Simple Assault, Assault and Battery
S.C. Code § 22-3-560
Simple Assault is a misdemeanor, punishable by either a fine or up to thirty days in jail. It is prosecuted in the Magistrate Court and ordinarily by the arresting police officer. There is no requirement that anyone is actually injured to be convicted of Simple Assault, only that one attempted to cause an injury to another with the ability to do so. If an injury actually occurs, the offense may be Assault and Battery.
Assault and Battery of a High and Aggravated Nature
(ABHAN)
Assault and Battery of a High and Aggravated Nature, or ABHAN, is a misdemeanor, punishable by either a fine in the Court's discretion or up to ten years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. Under South Carolina law there has to be an aggravating factor to the assault, such as the use of a deadly weapon or infliction of severe bodily injury. Under South Carolina law sticks, shovels, gasoline, automobiles, knives and firearms have all been found to be deadly weapons.
Mayhem
Mayhem is a felony, punishable by three months to ten years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. It is different from an ordinary Assault and Battery of a High and Aggravated Nature in that the victim must be mutilated with a resulting disabling injury. For example, if a victim received a broken leg and would permanently walk with a limp this may be sufficient to constitute the offense of Mayhem.
Attempted Poisoning with Intent to Kill
S.C. Code § 16-3-60
Attempted Poising with Intent to Kill is a felony, punishable by up to twenty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. The State must prove that one intended on providing a poison or other dangerous substance, and it is not sufficient if the poisoning was simply accidental.
Assault and Battery with Intent to Kill
(ABWIK)
S.C. Code § 16-3-620
Assault and Battery with Intent to Kill, or ABWIK, is a felony, punishable by up to twenty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense comprises all of the elements to murder, just without the death of the victim. There is no requirement through that one had the intent to kill another, only to inflict severe physical harm.
Involuntary Manslaughter
S.C. Code § 16-3-50
Involuntary Manslaughter is a felony, punishable by up to five years imprisonment. It is the unintentional killing of another with criminal negligence. The death resulting from an Involuntarily Manslaughter very well could be classified in other regards as an accident. For example if a victim died as a result of injuries sustained in a Simple Assault or the reckless handling of a firearm, the correct charge may be Involuntary Manslaughter rather than Voluntary Manslaughter or Murder.
Voluntary Manslaughter
S.C. Code § 16-3-50
Voluntary Manslaughter is a felony, punishable by up to twenty years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense is different from murder in that the killing was not premeditated, but rather was done in the heat of the moment.
Lynching
S.C. Code § 16-3-210
Lynching is a felony, punishable by up to twenty years imprisonment in cases where the victim did not die. If the victim died then execution, or a sentence of five to forty years. It is prosecuted in the Court of General Sessions by the Solicitor's Office. It is an act of violence committed by two or people against a victim, acting together, which results in either the death or physical injury to the victim.
Murder
S.C. Code § 16-3-10
Murder is a felony, punishable by either execution, life imprisonment or a minimum sentence of no less than thirty years. It is prosecuted in the Court of General Sessions by the Solicitor's Office. In order to be executed there must be found to be aggravating factors, such as a prior conviction for murder, or the torture or sexual assault of the victim.
Homicide by Child Abuse
S.C. Code § 16-3-85
Homicide by Child Abuse is a felony, punishable by twenty years to life imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. The victim must be under the age of eleven, and the State must show either that the child was abused or neglected in such a manner as to show no regard for the child's life.
