Violent criminal offenses in South Carolina, including assault and battery, murder, robbery, and manslaughter, can carry significant penalties upon conviction. If you face one of these charges, you need experienced defense representation throughout every step of your case.
The experienced Greenville violent crime lawyers at Fedalei & Reid can protect your legal rights, explore your options, and determine a plan of action for pursuing the best possible result in your case.
For a free legal consultation with an experienced Greenville, SC, violent crime attorney, please call us at (864) 668-1661 or contact us online.
Greenville Violent Crime Guide
- Why Choose Our Greenville Violent Crime Lawyers?
- Potential Defenses to a Violent Crime Charge in Greenville
- What Does a Prosecutor Need to Prove to Obtain a Conviction for a Violent Crime in Greenville, South Carolina?
- What Are the Potential Legal Penalties for a Conviction of a Violent Crime in Greenville, South Carolina?
- Accepting a Plea Deal for a Violent Crime in Greenville, South Carolina
- Steps to Take Following an Arrest for a Violent Crime in Greenville, South Carolina
- Contact an Experienced Violent Crime Lawyer in Greenville, South Carolina Today
Why Choose Our Greenville Violent Crime Lawyers?
When defending against a violent criminal charge, you want the strongest possible legal team on your side. At Fedalei & Reid, we can determine your eligibility for various legal defenses or negotiate a favorable plea deal with the state prosecutor handling your case.
Our lawyers have a strong track record of success in achieving favorable results for our clients, and you can view some of our most recent client testimonials on our site.
Our office is conveniently located at 600 East North Street, Suite 103, Greenville, SC 29601. Let us aggressively defend you against your violent crime charge right away.
Potential Defenses to a Violent Crime Charge in Greenville
You can raise several potential legal defenses against violent crime charges in Greenville, including:
- Self-Defense — The court may acquit you if you can prove that you protected yourself from imminent harm. South Carolina law allows the use of reasonable force to defend yourself if you believe that your life is in danger. The force used must be proportionate to the threat.
- Defense of Others — Similar to self-defense, this defense applies if you protect someone else from immediate harm. Again, you may only use reasonable and necessary force under the circumstances.
- Defense of Property — You can argue that you defended your home or property. South Carolina’s Castle Doctrine allows individuals to use force, including deadly force, to protect their homes from intruders. This defense, however, has limitations and a lawyer must carefully prove it.
- Lack of Intent — Many violent crimes require the prosecution to prove that you specifically intended to commit the offense. A strong defense can show that you committed an accidental, not intentional, act. For instance, a fall that hurt someone during an accident can negate the intent required for a conviction.
- Alibi — An alibi defense involves proving you were somewhere else when the alleged crime occurred. Witness testimony, surveillance footage, or other evidence showing your whereabouts during the crime can support this defense.
- Insanity or Mental Incapacity — If you suffered from a severe mental illness at the time of the crime, you may not bear responsibility for your actions. This defense requires thorough medical documentation and expert testimony.
- Mistaken Identity — You can argue that someone wrongly identified you as the perpetrator. Eyewitnesses can make mistakes, and if you can prove that someone else committed the crime, the court may exonerate you.
- Coercion or Duress— If someone forced you to commit the crime under threat of immediate danger to yourself or others, you can use this defense. However, the threat must be immediate and unavoidable.
Each of these defenses requires a detailed examination of your case's facts and circumstances. The knowledgeable Greenville, SC attorneys at Fedalei & Reid can determine the best defense strategy for your specific situation.
What Does a Prosecutor Need to Prove to Obtain a Conviction for a Violent Crime in Greenville, South Carolina?
In Greenville, South Carolina, a state prosecutor must prove several elements beyond a reasonable doubt to secure a conviction for a violent crime.
Specifically, the prosecutor needs to establish:
- Actus Reus (Guilty Act) — The prosecutor must show that you committed the physical act of the crime. This means proving that you engaged in behavior that constitutes a violent crime, such as assault, robbery, or murder. The prosecutor can use evidence like eyewitness testimony, video footage, or physical evidence (e.g., fingerprints, DNA) to demonstrate that the act occurred.
- Mens Rea (Guilty Mind) — The prosecutor must also prove that you intended to commit the crime. This mental state varies depending on the crime. For instance, murder requires intent to kill, while manslaughter can involve reckless disregard for human life. Showing intent can involve evidence such as statements you made, behavior before or after the crime, or expert testimony on your state of mind.
- Causation — There must be a direct link between your actions and the harm caused. The prosecutor must prove that your actions directly led to the victim’s injuries or death. For example, if you struck someone and they later died from those injuries, the prosecution can prove causation. Medical records, expert witnesses, and forensic evidence often play a key role here.
- Harm — The prosecutor must demonstrate that actual harm occurred. This means proving that the alleged victim suffered physical injury, death, or significant fear or distress as a result of your actions. Photographs of injuries, medical reports, and victim testimony are common evidence to prove harm.
- Absence of Justification or Excuse — Finally, the prosecutor must show that no valid defenses justify or excuse your actions. This means countering any claims of self-defense, defense of others, or other legal defenses you may raise. The prosecutor must discredit these defenses by showing that they do not apply to your case based on the evidence.
By proving these elements beyond a reasonable doubt, the prosecutor can obtain a conviction for a violent crime. Each element is critical, and failing to establish any one of them can result in a not-guilty verdict. The Greenville, SC, violent crime lawyers at Fedalei & Reid can determine your eligibility for various legal defenses and advocate on your behalf during every stage of the proceedings.
What Are the Potential Legal Penalties for a Conviction of a Violent Crime in Greenville, South Carolina?
If you are convicted of a violent crime in Greenville, the penalties can vary depending on the specific offense and circumstances.
Here’s an overview of the potential legal penalties for some common violent crimes:
Assault and Battery
- Assault and Battery of a High and Aggravated Nature (ABHAN) — This felony can result in up to twenty years in prison. ABHAN involves causing great bodily injury to another person or using a deadly weapon during the assault.
- Assault and Battery in the First Degree — This felony can lead to up to ten years in prison. It includes injuring someone while committing another crime like robbery or burglary.
- Assault and Battery in the Second Degree — This misdemeanor can result in up to three years in prison and/or a fine. It involves moderate bodily injury or using means likely to cause injury.
- Assault and Battery in the Third Degree — This is the least severe, a misdemeanor punishable by up to thirty days in jail and/or a fine of up to $500. It involves minor injury or the threat of injury.
Robbery
- Armed Robbery—This serious felony can result in a minimum of ten years to up to thirty years in prison. Using a weapon during the robbery significantly increases the penalty.
- Strong-arm Robbery (Unarmed Robbery) — This felony can result in up to fifteen years in prison. Even without a weapon, using force or intimidation to steal from someone carries heavy penalties.
Murder
A murder conviction can result in the most severe penalties. These include:
- Death Penalty — In some cases, particularly if the murder was especially heinous, premeditated, or involved other serious crimes, the court can impose the death penalty.
- Life Imprisonment — Alternatively, the court may impose a life sentence without the possibility of parole.
- Minimum 30 Years in Prison.
Manslaughter
This felony involves unlawfully killing someone without malice. The penalty for voluntary manslaughter can reach 30 years in prison, while involuntary manslaughter carries a penalty of up to five years in prison.
The skilled Greenville, SC, violent crime lawyers at Fedalei & Reid can work to lessen or eliminate the penalties you face for a violent crime charge.
Accepting a Plea Deal for a Violent Crime in Greenville, South Carolina
The Greenville violent crime lawyers at Fedalei & Reid can negotiate a plea deal for you in your criminal case.
Here’s how we can help:
- Understanding the Charges—We will thoroughly review the charges against you and the prosecution's evidence. We can also analyze the case's strengths and weaknesses, identifying any holes in the evidence or procedural errors that can work in your favor.
- Communicating with the Prosecution – We will also discuss the possibility of a plea deal with the prosecutor. These discussions often involve presenting mitigating factors, such as your lack of a prior criminal record, your personal circumstances, or any positive steps you have taken since the alleged crime (like attending anger management classes).
- Negotiating Lesser Charges – For example, if you are charged with aggravated assault, we can work to have the charge reduced to simple assault. Lesser charges typically come with lighter penalties and fewer long-term consequences.
- Reducing Sentences – Even if the charge cannot be reduced, we can negotiate for a lighter sentence. This may involve proposing alternatives to incarceration, such as probation, community service, or participation in a rehabilitation program.
- Presenting a Strong Defense – The strength of our negotiations often depends upon our ability to present a credible threat of a strong defense at trial. If the prosecution believes that we can effectively challenge the evidence and potentially secure an acquittal for you, they may be more willing to offer a favorable plea deal.
- Ensuring Informed Decisions – Throughout the process, we will ensure that you fully understand the terms of any plea deal offered. We can explain the immediate and long-term consequences and weigh the pros and cons of accepting the deal versus going to trial.
Steps to Take Following an Arrest for a Violent Crime in Greenville, South Carolina
If police arrest you for a violent crime in Greenville, South Carolina:
- Invoke Your Right to Remain Silent – You have the right to remain silent under the Fifth Amendment. Refrain from discussing the details of your case with law enforcement until you have legal representation.
- Contact a Lawyer – Seek legal representation immediately. The skilled Greenville, SC violent crime lawyers at Fedalei & Reid can advise you on your rights, guide you through the legal process, and protect your interests.
- Stay Calm and Cooperative Throughout the Process – While asserting your rights is essential, remain calm and cooperate with law enforcement officers. Avoid making any statements or engaging in behavior that police can misconstrue as resisting arrest.
- Gather Information – Take note of any details surrounding your arrest, including the names and badge numbers of the arresting officers, the time and location of your arrest, and any witnesses present.
- Follow Legal Advice – Listen to our advice and carefully follow our instructions. We can navigate the legal process and work toward the best possible outcome for your case.
While your life might be uncertain following accusations of a violent offense, the right defense team can guide you properly through the criminal justice system, always seeking the most favorable outcome possible.
Contact an Experienced Violent Crime Lawyer in Greenville, South Carolina Today
If you have recently been charged with a violent crime in Greenville, South Carolina, never wait to secure experienced defense representation right away. At Fedalei & Reid, we can aggressively represent you throughout your case, advocate for your rights, represent you during all court proceedings, and pursue the best possible result on your behalf.
For a free case evaluation and legal consultation with a Greenville, SC, violent crime attorney, please call (864) 668-1661 or contact us online.