What are Violent Crimes?
Unfortunately, being convicted of a violent crime does not just involve serving time. Convicts are also often required to pay court fines and even restitution to the victim. The life-altering consequences of your conviction will not end there, with many former offenders being unable to secure work or find suitable housing. These collateral consequences can certainly be disheartening, causing someone to lapse back into criminal behavior.
South Carolina has its own definition of violent crime, with the state imposing harsh sentences for offenders. The law also distinguishes between “serious” and “most serious” offenses. While it may seem arbitrary, this label makes a difference in how much time you will spend behind bars as a repeat offender. If you are currently facing allegations of a violent criminal offense, our Spartanburg, SC, violent crime lawyers are available to discuss your legal options.
How Does South Carolina Define a Violent Crime?
Violent crimes can encompass a range of crimes, from assault and battery, drug trafficking, burglary, sexual abuse, or arson. Under SC Code § 16-1-60, the following are classified as violent crimes:
- Attempted murder and murder
- Arson in the first and second degree
- Burglary in the first and second degree
- Lynching in the first and second degrees
- Assault and battery of a high and aggravated nature
- Trafficking in controlled substances
- Engaging a child in sexual performance
- Kidnapping and conspiracy to commit kidnapping
“Most Serious” and “Serious” Offenses in Spartanburg, SC
South Carolina classifies violent crimes as either “serious” or “most serious” offenses. Upon being convicted of a third “serious” offense or a second “most serious” offense, you will be sentenced to life without parole (LWOP). This is known as the state’s two-strikes/three-strikes law. The two-strikes/three-strikes law applies to any crime in which the death penalty is not imposed. Below, we discuss crimes that belong to each category.
“Most Serious” Offenses
SC Code §17-25-45(C)(1) defines certain violent offenses as being “most serious” offenses, in which the two-strikes law applies:
- Murder and attempted murder
- Lynching in the first degree
- Criminal sexual conduct in the first and second degree
- Kidnapping and conspiracy to commit kidnapping
- Arson in the first degree
- Burglary in the first degree
- Armed robbery and attempted armed robbery
“Serious” Offenses
SC Code §17-25-45(C)(2) classifies the following as being “serious” offenses, punishable by a maximum of 30 years or more in prison:
- Lynching in the second degree
- Assault and battery by mob in the second degree
- Arson in the second degree
- Burglary in the second degree
- Assault and battery of a high and aggravated nature
- Engaging a child in sexual performance
- Trafficking in controlled substances
How is Sentencing Determined for Violent Crimes in SC?
Under South Carolina law, the court may treat two or more offenses that occur relatively close in time as one offense. This prevents prosecutors from pursuing LWOP sentences when two offenses that are similar in nature occur within a certain time frame. This allows defense attorneys more wiggle room when negotiating plea bargains.
A plea bargain, also known as a plea deal, is an agreement made between the prosecution and defense that can result in a reduced sentence. This may be accomplished through getting certain charges dropped (count bargaining), pleading to a less severe crime (charge bargaining), or pleading guilty to one or more charges in exchange for a more lenient sentence (sentence bargaining). If you are concerned that the two-strikes/three-strikes law may apply in your case, you should speak with our violent crime legal team.
Contact a Spartanburg Violent Crime Attorney Today
If you have been accused of a violent criminal act, our legal team is prepared to defend your interests. At Ryan Beasley Law, we have assisted numerous defendants in achieving a lesser sentence, allowing them to spend as little time behind bars as possible. To schedule your confidential consultation with one of our Spartanburg violent crime lawyers, contact us online or by phone at (864) 756-4204 today.