What Makes a Homicide Charge “Murder” Under South Carolina Law?
Homicide is the unlawful killing of a human being. A homicide can be classified as belonging to one of two broad categories: manslaughter or murder. Under South Carolina law, murder is defined as the killing of another person with malice aforethought, either express or implied. Given that the prosecution must prove a certain mental state, if evidence is lacking, they may revert to a lesser charge. Whether you are facing manslaughter or murder charges, our experienced Greenville criminal defense lawyers are here to advise you accordingly.
Understanding “Malice Aforethought”
Malice aforethought describes a defendant’s mental state (mens rea) at the time of the killing. When facing murder charges, it refers to a defendant considering an action (such as picking up a gun, pointing it at someone, and pulling the trigger), before performing it. More commonly referred to as premeditation, it does not require long planning, but could be a decision a person comes to in a matter of seconds. In criminal law, malice aforethought is the element that separates murder from lesser homicide offenses.
Malice aforethought can be either express or implied:
- Express malice: A clear, deliberate intent to kill (i.e., stated intent or mapping out a plan to kill another person with others).
- Implied malice: Intent can be inferred from the circumstances. For example, a killing committed with extreme recklessness/disregard for human life or during the commission of a felony (known as felony murder), even without a specific plan to kill.
Felony Murder Rule in South Carolina
The killing of another person during the commission of another crime, whether the killing is intentional or not, is known as a felony murder. The rule only applies to forcible felonies (which have been largely developed through case law). The South Carolina Supreme Court case of Gore v. Leeke established the felony murder rule, applying it to felonies that are inherently or foreseeably dangerous.
Felonies that meet this criteria include burglary, kidnapping, and armed robbery, to name a few. When the felony murder rule applies, an otherwise simple burglary or kidnapping charge is elevated to murder.
Murder Penalties Under South Carolina Law
The state of South Carolina does not distinguish between first- and second-degree murder, simply having one murder charge as defined by SC Code §16-3-20. Under this section, a person found guilty of murder will face the death penalty or thirty years to life in prison. According to the South Carolina Code, if the State seeks the death penalty and proves a statutory aggravating factor, but the jury doesn’t recommend the death penalty, the judge must impose life imprisonment. In South Carolina, life imprisonment for murder means no possibility of parole.
Protecting Your Constitutional Rights
The U.S. Constitution protects citizens from unlawful searches and from self-incrimination in the midst of criminal charges. Unfortunately, Constitutional violations often go unchecked, requiring that you bring them to the court’s attention. If you have been accused of murder, our Greenville criminal defense attorneys at Ryan Beasley Law are prepared to bring any legal discrepancies to light. Ensuring that your rights are safeguarded can allow certain evidence to be suppressed, potentially reducing your criminal liability.
Reach Out to Our Greenville Criminal Defense Attorneys Today
While a murder offense is by definition a homicide, not all homicides are considered murder. If you are up against homicide allegations, our Greenville criminal defense lawyers would like to hear from you. At Ryan Beasley Law, our legal team takes a smaller number of cases to provide personalized attention to our clients. To arrange a consultation with a member of our team, our office can be reached online or by calling (864) 756-4204 today.