Facing violent crime charges can be terrifying because a conviction can damage your reputation in the community and have a dramatic impact on your interpersonal relationships. As an experienced criminal defense attorney could explain, they also come with the risk of substantial punishments. Most violent crimes are felonies, which means they can carry the risk of lengthy potential prison sentences and substantial fines.
Additionally, if you are convicted of a violent crime, you could face additional penalties that last well beyond your prison sentence. You can lose the right to vote and the right to own or use any guns. Unfortunately, prosecutors usually take a hard line on violent criminals. They may be reluctant to offer plea bargains and may push for the harshest punishments. You need to get the help of a Pickens County violent crimes lawyer if you are facing these charges. Attorney Christopher L. Jones could help you understand the charges against you, explore potential defenses, and provide advice and guidance about your options.
Understanding Violent Crimes
South Carolina does not group all its violent crimes. Instead, they are located throughout the criminal code and may be grouped with non-violent crimes. As a Pickens County lawyer could attest, determining whether a crime is violent involves asking whether it involves the use of force.
Some examples of violent crimes include:
- Rape
- Murder
- Assault
- Robbery
- Kidnapping
- Manslaughter
- Sexual assault
- Domestic violence
The use of force does not require that an offender make violent contact with someone. It also includes attempts to use force or the use of weapons. If your charges include the use of a weapon, then the offense will usually be enhanced or aggravated, increasing the length of your potential prison sentence. The characteristics of the alleged victim can also impact your charges, as the elderly, disabled people, or children usually have greater protection.
Potential Penalties for Violent Crimes
The punishment for violent crimes depends on the exact nature of the crime charged. It can range anywhere from probation to the death penalty, which is still a possibility, though the state has not executed anyone in over a decade. Whether the prosecutor decides to charge the offense as a felony or misdemeanor depends on multiple factors, including your criminal history, the nature of the crime, and the person’s characteristics.
In addition to fines and imprisonment, potential punishments include fines, community service, treatment classes, and more. In addition, the court may order you to pay restitution. A Pickens County attorney could help you understand your available legal options when charged with a violent crime.
Potential Defenses Against Violent Crime Charges
The nature of the charges against you and the circumstances of the alleged crime will help determine the defenses available to you. As a Pickens County attorney could explain, not every defense will make sense in every context, but some of the available defenses for a violent crime include the following:
Self Defense
Self-defense is a widely available defense when the allegations are of a purely violent crime like assault, manslaughter, or even murder. You have the legal right to use reasonable and proportionate force to defend yourself or others.
Consent
Consent is a common defense to charges of sexual assault or rape, where you may argue that any sexual contact was consensual. It can also be a defense to other violent crimes, depending on the circumstances.
Mistaken Identity
Mistaken identity should be a more persuasive defense if the state does not have DNA evidence or photographs showing you committing a crime. Eyewitness testimony—even alleged victim testimony—is notoriously unreliable. However, juries and judges still put undue weight on eyewitness testimony, which can make this a challenging defense.
Lack of Intent
Most violent crimes require intent. A defendant may be able to argue a lack of intent if they can show that they lacked capacity at the time of the offense. However, voluntary incapacity may weaken the defense.
Consult a Pickens County Violent Crimes Attorney For Help Today
If you are charged with a violent crime, you must take those charges seriously. Potential criminal penalties can include lengthy prison sentences, expensive fines and restitution, and consequences that last well beyond any period of incarceration.
Pickens County violent crimes lawyer Christopher L. Jones could help you understand the charges against you and your potential defenses. He can also help you explore the pros and cons of plea agreements or going to trial. Schedule a consultation to learn more.