Violent Crimes Defense Lawyer in Charleston, SC
Charleston, SC criminal defense lawyer Grant B. Smaldone has extensive experience representing clients who have been charged with violent crimes, including:
- Assault and Battery;
- Assault and Battery by Mob;
- Domestic Violence;
- Attempted Murder;
- Armed Robbery and Strong-Armed Robbery;
- Rape – Criminal Sexual Conduct (CSC); and
- Criminal Sexual Conduct (CSC) with a Minor.
Violent crimes are aggressively prosecuted by SC solicitors – they often involve an alleged victim who has been hurt or even killed, and many SC prosecutors feel like this is where the rubber meets the road – they are protecting alleged victims and SC businesses from “the worst kind of criminals.”
The state will be building their case against you from day one – police will be gathering evidence and interviewing witnesses, any forensic evidence will be analyzed at SLED, and a SC prosecutor will be assigned to your case and preparing for trial.
You need an experienced criminal defense lawyer as soon as possible who can gather evidence and interview witnesses on your behalf, retain experts to review the forensic evidence and testify when necessary, and prepare your case for trial – whether your case ends in a dismissal, plea, or trial, you will not get the best possible outcome unless you have a criminal defense lawyer investigating your case and preparing it for trial…
What is a Statutory Violent Crime in SC?
Most people think of “violent crime” as crimes where a person is hurt, injured, or killed.
SC law also has a “classification” of violent or non-violent, which may affect parole eligibility and the facility where a person serves their time if they are sentenced to prison.
This often causes confusion – what is a violent crime and what is a non-violent crime? How does it affect classification at SCDC, and how does it affect the amount of time that you serve?
What is a Violent Crime in SC?
Violent crimes are offenses that are listed in SC Code Section 16-1-60 – the only effects of a crime’s classification as violent are:
- You may be eligible for parole after 1/3 of your sentence has been completed, instead of the usual 1/4; and
- It may affect your classification and housing at SCDC.
What is an 85%, No-Parole Offense in SC?
85% and no-parole crimes are not necessarily the same as violent crimes, although there is significant overlap and most violent crimes are also 85% and no-parole.
As a general rule, inmates can earn work credits, education credits, and good behavior credits that can greatly reduce the amount of time that they serve in prison – but not for 85%, no-parole offenses.
SC Code Section 24-13-100 defines no-parole offenses as class A, B, or C felonies or offenses that carry a potential sentence of 20 years or more.
SC Code Section 24-13-150 says that a person convicted of a crime that is a no-parole offense must serve at least 85% of their sentence before they can be released.
When the inmate is released, they are automatically placed on two years of community supervision – like probation or parole. If they violate the terms of the community supervision, they are revoked and returned to prison to complete the remainder of their sentence.
SC Violent Crimes Defense in Charleston
If you have been charged with any type of violent crime in the Charleston, Myrtle Beach, or Eastern SC area, do not delay – call Charleston criminal defense lawyer Grant B. Smaldone now at (843) 808-2100 or fill out our online contact form to set up a free consultation about your case.