Homicide by child abuse is one of the most serious charges a person can face in South Carolina. Under South Carolina Code § 16-3-85, a person can be convicted if they:
- Cause the death of a child under eleven while committing child abuse or neglect, under circumstances showing extreme indifference to human life; or
- Knowingly aid and abet another person in committing child abuse or neglect, resulting in the death of a child under eleven.
This offense is classified as a felony, with severe penalties including life imprisonment or a minimum of twenty years for those convicted under the first scenario, and ten to twenty years for those under the second.
Understanding the Law
To fully understand how to defend against these charges, it's crucial to break down the definitions within the law:
- Child abuse or neglect includes any act or omission causing harm to a child's physical health or welfare. This can involve:
- Physical injury from excessive corporal punishment.
- Failure to provide adequate food, clothing, shelter, or healthcare leading to a fatal condition.
- Abandonment resulting in death.
Medical Findings Leading to Charges
In homicide by child abuse cases, medical findings often play a critical role. Prosecutors may rely on certain diagnoses or medical conclusions to support their case, including:
- Trauma (e.g., head injuries, fractures, or internal bleeding)
- Asphyxiation (e.g., suffocation or strangulation)
- Shaken Baby Syndrome (also known as Abusive Head Trauma)
- Sudden Unexplained Infant Death (SUID) where suspicion falls on a caregiver
- Poisoning or Drug Overdose
- Sepsis or Infection alleged to be from neglect or abuse
- Drowning in circumstances suggesting negligence
These findings can be complex and are not always straightforward. For example, certain medical conditions, such as brittle bone disease, birth trauma, or undetected infections, can mimic signs of abuse. It is crucial to have experienced medical experts evaluate the evidence to ensure a fair and accurate defense.
Building a Defense Strategy
Successfully defending against homicide by child abuse charges typically involves challenging two key areas:
1. Law Enforcement Investigation
Law enforcement investigations often rely on witness statements and physical evidence. However, these investigations are not infallible. Mistakes can occur in:
- Interviewing witnesses, leading to inaccurate or biased statements.
- Collecting and preserving physical evidence, which can be mishandled or misinterpreted.
At the Law Office of James R. Snell, Jr., LLC, we work with defense-oriented private investigators to uncover favorable evidence and circumstances that law enforcement may have overlooked or disregarded. Our investigators are trained to critically evaluate police procedures and findings, helping to build a stronger defense.
2. Medical Opinions and Findings
Medical opinions often play a pivotal role, especially when the prosecution alleges that the child died due to trauma, asphyxiation, shaken baby syndrome, or other similar conditions. We work with medical experts specializing in fields such as child abuse to scrutinize the findings relied upon by law enforcement. Our team challenges questionable medical conclusions, ensuring that all evidence is rigorously examined.
The Importance of Legal Representation
If you are accused or suspected of homicide by child abuse, it is critical that you do not speak with law enforcement or consent to searches until you have consulted with an experienced criminal defense attorney. Many parents and caregivers are understandably distraught following the tragic death of a child. This emotional state can make it difficult to recognize when law enforcement has shifted their focus onto them as suspects.
It is also strongly recommended that you do not:
- Participate in reenactments requested by law enforcement, such as demonstrating how you were lying in bed with an infant or showing how a child may have fallen or become injured. These reenactments can be misinterpreted or used against you in court.
- Submit to a polygraph examination conducted by law enforcement. Polygraph results are not always reliable and can be used to pressure suspects during interrogations.
- Meet with DSS investigators or caseworkers without an attorney present if you are a possible target or suspect in the investigation. These meetings are not confidential and statements made can be used against you in criminal proceedings.
Contact Us for a Free Consultation
At the Law Office of James R. Snell, Jr., LLC, we understand the emotional and legal complexities involved in these cases. Our team is dedicated to providing a strong and compassionate defense.
If you or someone you know is facing homicide by child abuse charges, call us today at (803) 359-3301 to schedule a free consultation. We are here to help you navigate this challenging time and protect your rights.