Facing a homicide charge in Greenville is one of the most serious situations a person can face. Homicide cases often involve detailed investigations and severe penalties, including life imprisonment or, in some murder cases, the death penalty. A charge this serious calls for a licensed South Carolina attorney who can explain the statute the State is relying on and help you understand your rights.
If you or a loved one is under investigation or charged with homicide in Greenville, speak with an attorney as soon as possible. Touma Law Group represents people charged with serious crimes, including homicide offenses. A licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on the general information on this page.
Contact our Greenville defense lawyers at 864-618-2323 to schedule a free consultation to discuss your case.
Types of Homicide Cases in South Carolina
Homicide means one person causing the death of another. It is not always a crime, and South Carolina has several different homicide offenses with different elements and penalties. Which one the State charges depends on the evidence, the person’s state of mind and how the death happened.
Murder
South Carolina defines murder as “the killing of any person with malice aforethought, either express or implied” (S.C. Code Ann. § 16-3-10). The statute does not divide murder into first, second or third degree.
A person convicted of murder must be punished by death or by a mandatory minimum term of 30 years to life in prison. Life imprisonment under the statute means until death, without parole. The death penalty is possible only if the State seeks it and a statutory aggravating circumstance is found beyond a reasonable doubt in a separate sentencing proceeding (S.C. Code Ann. § 16-3-20).
Voluntary Manslaughter
Manslaughter is the unlawful killing of another without malice, express or implied. A person convicted must be imprisoned for not less than two years and not more than thirty years (S.C. Code Ann. § 16-3-50). Voluntary manslaughter is a Class A felony (S.C. Code Ann. § 16-1-90). Voluntary manslaughter is the unlawful killing of a human being in the sudden heat of passion upon sufficient legal provocation. The South Carolina Supreme Court has said that both the heat of passion and the legal provocation must be present at the time of the killing, and that the provocation must be such as to render the mind of an ordinary person incapable of cool reflection and produce an uncontrollable impulse to do violence (State v. Cooley, 342 S.C. 63 (2000)).
If you are facing a manslaughter charge in Greenville, an attorney can review the evidence and explain how the statute applies to the facts alleged.
Involuntary Manslaughter
Involuntary manslaughter requires criminal negligence, which South Carolina defines as the reckless disregard of the safety of others. A person convicted of involuntary manslaughter must be imprisoned for not more than five years (S.C. Code Ann. § 16-3-60).
Reckless Vehicular Homicide
When a person dies within three years as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the driver is guilty of reckless vehicular homicide. It is a felony punishable by a fine of $1,000 to $5,000 or imprisonment of up to ten years, or both, and the driver’s license is revoked for five years (S.C. Code Ann. § 56-5-2910). Our page on reckless homicide explains the offense in more detail.
Felony DUI Resulting in Death
A driver under the influence of alcohol, drugs or both who does an act forbidden by law, or neglects a duty imposed by law, and thereby proximately causes death is guilty of felony driving under the influence. The statute requires a fine of $10,100 to $25,100 and imprisonment of one to twenty-five years when death results (S.C. Code Ann. § 56-5-2945).
Attempted Murder
A person who, with intent to kill, attempts to kill another person with malice aforethought commits attempted murder. It is a felony punishable by up to thirty years, and the sentence may not be suspended and probation may not be granted (S.C. Code Ann. § 16-3-29).
How a Greenville Homicide Lawyer Can Help
When you face a homicide charge, you need to understand the offense named in the warrant or indictment. The penalties and the available defenses depend on it. A criminal defense attorney can:
- Explain the legal process and your rights at each stage.
- Review the evidence the State has gathered, including reports, recordings, forensic results and witness statements.
- Look for legal issues with how evidence was obtained or handled.
- Discuss with you whether a defense such as self-defense may apply. South Carolina’s Protection of Persons and Property Act can, in the situations it describes, give a person immunity from prosecution (S.C. Code Ann. § 16-11-450).
- Talk with prosecutors about the charge, if that is appropriate in your case.
Building a Defense Strategy
Every homicide case is different. Your lawyer starts by examining the evidence against you to see where it is strong and where it may have weaknesses, including possible constitutional issues. Depending on the facts, your lawyer may also discuss with you a plea agreement or whether to take the case to trial. At trial the State must prove each element of the charged offense beyond a reasonable doubt.
Understanding Local Procedures
The criminal justice system in South Carolina is complex, and changes in the law happen. An attorney who handles criminal cases in Greenville can explain how your case is likely to move through the court process and what to expect at each stage. Your attorney can also help you get information about your next court date from the clerk of court.
Working With Outside Professionals
Some homicide cases involve forensic, medical or other technical evidence. A defense lawyer may consult outside professionals when the evidence calls for it, which can help in reviewing the State’s case.
Reviewing Your Case
The stakes are high when you are facing a murder or manslaughter charge. A lawyer reviews the evidence, checks that your rights are protected and talks with you about your options. No lawyer can promise a particular result, and the right strategy depends on the facts and the charge.
Plea Discussions
When a person is charged with a homicide offense, the prosecutor may be willing to talk about the charge in some cases. A lawyer can explain how plea negotiations work and help you decide whether to pursue one. Whether a plea is offered, and on what terms, is up to the prosecutor and the court.
For More Information, Contact Touma Law Group
If you are facing homicide charges in Greenville, South Carolina, speak with a criminal defense attorney before you answer questions from investigators.
Touma Law Group’s attorneys represent people charged with criminal offenses throughout South Carolina. We will explain the charge, what the State must prove and your options, based on what a review of your case shows.
Contact us today to book a consultation and learn more about your options.
