It likely comes as no surprise that murder charges in South Carolina are as serious as it gets. The fact is that a conviction could put you behind bars for the rest of your life or for most of your life, which means the stakes couldn’t be any higher. If you are facing a murder charge, you shouldn’t delay consulting with a respected Greenville criminal defense attorney who has an impressive range of experience successfully defending these complex cases.
The Charge of Murder in South Carolina
In South Carolina, murder is the charge of homicide, which refers to the unlawful killing of someone else when *malice aforethought *applies, which means the accused person must have intended to take the other person’s life. Their intent can be either express, such as when they state their intention, or implied, such as when their actions demonstrate their intention.
Unlike many other states, South Carolina doesn’t categorize murder into different degrees, such as first-degree and second-degree murder. Instead, the charge of murder applies across the board whenever the crime is unlawfully and intentionally killing another person.
The Element of Malice Aforethought
The element of malice aforethought that must be present for the charge of murder to apply in South Carolina requires a specific mental state, which is often referred to as mens rea– or as having evil intent. The four basic means of satisfying this element include the following:
- The intent to kill
- Having the intention of causing grievous bodily harm
- Exhibiting extremely reckless indifference to the value of human life
- The intention of committing a felony, which is called the felony murder rule
Proving intent is critical to bringing a successful murder charge, and an experienced criminal defense attorney can make this difficult to accomplish.
Sentencing
If you’re convicted of murder in South Carolina, there are three potential sentences you can face, depending on the circumstances that apply. These include the following:
- Mandatory minimum prison sentence of 30 years to life
- A sentence of life in prison without the possibility of parole, which tends to apply when the accused has a prior serious conviction on their record
- The death penalty – or *capital punishment *– only applies when there are serious aggravating factors involved, such as torturing the victim or killing multiple victims
There is a wide range of aggravating factors that the presiding judge can employ to extend sentencing in relation to murder charges in South Carolina.
Consult with an Experienced Greenville Criminal Defense Lawyer Today
Criminal charges don’t get more serious than murder. In response, the resourceful Greenville criminal defense attorneys at Ryan Beasley Law recognize the gravity of your situation and are well-positioned and well-prepared to bring a solid defense in support of your legal rights and in pursuit of a beneficial case outcome. Because your future hangs in the balance, you shouldn’t delay reaching out and contacting us online or calling 864-362-2352 for more information about what we can do to help you today.
Get In Touch