Common Defenses Used in South Carolina Murder Trials

If you are facing a murder charge, you may feel terrified and confused, not knowing what steps to take to protect your rights. A conviction can result in the death penalty or extended time behind bars, preventing you from seeing your children grow up or achieving your professional goals. Fortunately, when certain defenses are effectively raised, you may be able to mitigate and even eliminate your criminal liability. Of course, finding the right defense strategy depends on the facts of your case.

At Ryan Beasley Law, our Greenville criminal defense lawyers will conduct a thorough investigation into your matter to develop the best approach to challenge evidence and discredit the prosecution’s case. Through aggressive representation, we fight to help you retain your freedom and reputation.

Self-Defense/Defense of Others

South Carolina recognizes self-defense as a complete defense to murder. By adopting the  Stand Your Ground law, the duty to retreat is removed if you are in a place in which you have a legal right to be.

Effectively raising self-defense requires proving the following:

• You did not provoke the attack.
• You believed you were in imminent danger of death or serious bodily harm.
• A reasonable person in the same situation would have also believed they were in danger of death or serious bodily harm.
• The amount of force used was proportionate to the threat.

Self-defense can also apply if you kill or harm someone to protect another person who you believe is in danger.

Lack of Intent

The prosecution is tasked with establishing the element of intent. For a murder charge, the State must prove malice aforethought or premeditation. This does not require long planning, but rather showing that the defendant made a conscious decision to perform the act in question (i.e., picking up a knife and stabbing someone). Malice may be either express or implied, with express malice showing a clear, deliberate intent to kill and implied malice being inferred from the circumstances. If malice is not present, a murder charge may be reduced to manslaughter.

Insanity Defense

According to SC Code §17-24-10, an insanity defense may be used if, at the time of the killing, the defendant lacked the capacity to understand the difference between right and wrong. This inability to distinguish right from wrong may result from mental disease or defect. South Carolina courts use the M’Naghten test as the legal standard for the insanity defense, which focuses on the defendant’s cognitive capacity during the commission of the offense. The defendant must prove an insanity defense by a preponderance of the evidence, meaning the claim is more likely than not true. If successful, the defendant will be found not guilty by reason of insanity (NGRI), causing them to be admitted to a mental institution.

Provocation

If another’s death occurred during the heat of passion or an emotional outburst, a murder charge may be reduced to voluntary manslaughter. The provocation defense can only be raised if the act would make a reasonable person lose self-control and use lethal force. A common example is someone catching their partner committing adultery.

Alibi

An alibi is a claim that you were in a different place at the time of the murder. This is a factual defense, denying that you committed the act (unlike other defenses that provide a legal justification for your actions). However, it requires evidence that you were elsewhere at the time of the crime.

Insufficient Evidence

By claiming insufficient evidence, the defense argues that the prosecution failed to meet its burden. This could be the result of unreliable witness testimony, reliance on questionable forensic evidence, or a missing crucial fact. Most often, the defense will move for a directed verdict after the State finishes presenting its case. If granted, the court will grant a verdict in the defendant’s favor. If denied, the defense will present its case.

Thorough Investigations to Reveal the Truth

Understanding the charges and potential penalties against you is best left to our experienced Greenville criminal defense team. At Ryan Beasley Law, our legal team is prepared to dismantle the prosecution’s case through performing an independent investigation to gather evidence and interview witnesses. We will scrupulously examine evidence obtained by law enforcement to determine whether any Constitutional or procedural violations occurred.

If any evidence was obtained illegally, we will file the appropriate motions to get the information suppressed. Our work with forensic experts helps to verify lab results, ensuring that no evidence is admitted unless it is verified. When working with our criminal defense lawyers, you can rest assured that the best possible outcome is within reach.

Reach Out to Our Greenville Criminal Defense Lawyers Today

A murder charge tarnishes your reputation and threatens your civil liberties. At Ryan Beasley Law, we are dedicated to protecting your independence and your future. If you are facing murder allegations, do not hesitate to contact our Greenville criminal defense attorneys. To schedule your consultation with a member of our team, contact us online or by calling (864) 756-4204 today.