What Makes a Crime Violent?
When you think of a violent crime, you may think of someone getting shot, beaten, or stabbed. Bloodshed may even come to mind. Although these images certainly do depict violence, South Carolina law has its own definition when it comes to a violent offense. Unfortunately, a “violent” status does much more than tarnish your good name. It can impact your placement in a correctional facility as well as your eligibility for being released early for good behavior (parole).
Given the gravity of what is at stake, you want to ensure that you are doing everything to avoid a conviction. In this blog, our Greenville, SC, violent crime attorneys discuss what you need to know about violent crime penalties in the state to understand the importance of hiring experienced representation.
Definition of Violent Crime in SC
South Carolina Code §16-1-60 stipulates what crimes are considered violent crimes within the state, a few of which include:
- Murder and attempted murder
- First and second degree criminal sexual conduct
- Attempted armed robbery and armed robbery
- Assault and battery of a high and aggravated nature
- Drug trafficking
- First and second degree burglary
- First and second degree sexual exploitation of a minor
- Hit-and-run resulting in death
- Felony DUI
- Felony driving with an unlawful alcohol concentration (DUAC) resulting in death
“Serious” versus “Most Serious” Offenses in SC
South Carolina distinguishes between “serious” and “most serious” offenses when determining if a person will be sentenced to life in prison without the possibility of parole. The distinction matters, with a “serious” offense being subject to the Three Strikes Law and a “most serious” offense being subject to the Two Strikes Law. Below we discuss in further detail.
“Serious” Offenses
Under SC Code §17-25-45(C)(2), a “serious” offense constitutes any offense that has a maximum penalty of at least 30 years. Here we highlight a few:
- Lynching in the second degree
- Assault and battery by mob in the second degree
- Arson in the second degree
- Burglary in the second degree
- Domestic violence in the first degree
- Insurance Fraud
- Trafficking in ice, crank, or crack cocaine
A “serious” offense is controlled by the Three Strikes Law, which means that a person will be sentenced to life in prison without the possibility of parole, or life without parole (LWOP) if they have been convicted for two or more “serious” offenses. Or put another way, a third conviction is seen as the third strike. This only applies to cases in which the death penalty is not imposed.
“Most Serious” Offenses
South Carolina law defines certain violent offenses as being “most serious.” Here we highlight a few:
- Attempted murder
- Voluntary manslaughter
- Criminal sexual conduct in the first degree
- Conspiracy to commit kidnapping
- Arson in the first degree
- Burglary in the first degree
- Abuse or neglect of a vulnerable adult resulting in death
A “most serious” offense makes a person eligible for LWOP on their second conviction, making this known as the Two Strikes Law. The Two Strikes/Three Strikes Laws were created to have consistency in sentencing of violent crime offenders.
The Value of a Skilled Greenville, SC, Violent Crimes Lawyer
While “serious” and “most serious” offense classifications do carry significant weight in terms of sentencing, other factors will go into a prosecutor’s recommendation to the court regarding your punishment. Given the potential for a lengthy prison sentence, it is important that you work with a violent crime lawyer who can work to mitigate your penalty. For example, if you are being charged with multiple offenses that were all connected to the same act, your attorney may request that the prosecution consolidate charges. By consolidating charges, you may be in a better position for your defense attorney to negotiate a plea deal.
Speak with a Greenville, SC, Violent Crime Lawyer Today
If you are facing allegations of a violent crime, you may be feeling panicked and confused about what to expect next. Being arrested or charged with a violent crime does not automatically mean that you will be convicted, especially if you hire an attorney experienced in handling such matters. At Ryan Beasley Law, our Greenville, SC, violent crimes attorneys are dedicated to helping persons accused of violent crimes retain their freedom.
If you or a loved one has recently been accused of a violent crime, do not hesitate to contact our office online or by phone at (864) 756-4204 to schedule a consultation to discuss your matter.