Can You Get in Trouble for Having a Knife on You?
Although South Carolina is considered to have somewhat lenient knife laws, local ordinances may apply certain restrictions when it comes to what knives can be carried in specific cities. Additionally, schools and other venues may have restrictions when it comes to knife possession. If you are being charged with a crime involving a knife or any type of weapon, it is crucial that you speak with a Greenville, SC, weapons charge lawyer who can help defend your interests.
Stand Your Ground
South Carolina law permits a person who is being attacked to use reasonable force to protect themselves. Known as “standing your ground,” there is no requirement to retreat. However, you must have a legal right to be in the place where you are being attacked for the stand your ground law to apply. The use of deadly force is allowed if you have reason to believe that you are in danger of great bodily harm or death, or if you are protecting others from such harm. Under the Castle Doctrine, there is the presumption that you are in reasonable fear for your life if you are attacked in your own home.
South Carolina Knife Laws
South Carolina law does allow individuals to openly carry a knife. State law permits the open carry of virtually most types of knives, with the exception of dangerous weapons such as a switchblade or gravity knife being prohibited. The use, sale, or distribution of a switchblade or gravity knife will result in criminal charges, including prison time and steep fines.
Knives that have a blade of two inches or longer are prohibited on primary or secondary school property. Also, the state does not have any restrictions on knife possession in an airport. While there are few state restrictions, SC Code §24-13-440 understandably prohibits inmates in state or local correctional facilities from possessing any weapon that could cause bodily injury.
Do I Need Representation if I am Facing a Weapons Charge?
While you may assume that it is no big deal if you are facing a weapons charge, especially if nobody was hurt, this is often not true. In South Carolina, a knife charge is often brought in conjunction with more serious charges, such as armed robbery, assault, and kidnapping. Although it can be a standalone offense, you should be aware that the State may be undergoing an investigation to collect sufficient evidence to bring additional charges against you.
Even if you believe that the charges against you are bogus, it is always wise to hire representation. In retaining experienced counsel, you will ensure that pertinent evidence is examined to build the strongest defense. A weapons charge defense attorney understands what tactics the prosecution may use and will be able to identify if the State has chosen to conceal any exculpatory evidence (known as a Brady Violation). Pursuing every avenue to protect your freedom is critical when facing criminal charges, and Ryan Beasley Law takes meticulous care of every case that comes our way.
Speak with a Greenville, SC, Weapons Charge Lawyer Today
At Ryan Beasley Law, we understand exactly what is at stake. Having a weapons charge on your record can prevent you from getting a job or finding a suitable place to live. If you have a job that requires that you have a professional license, then a licensing board may prevent you from renewing your licensure upon hearing of your criminal history. To prevent this headache, you want skilled counsel by your side.
To learn more about our services, contact us online or by calling (864) 756-4204 to schedule a consultation with one of our Greenville, SC, weapons charge attorneys.