Homicide

Homicide

Murder:

An allegation of murder carries serious consequences for the accused. Murder is a felony and when charged with murder in South Carolina, an individual faces a minimum sentence of thirty years in prison without parole. Individuals accused of murder may likely face life in prison or potentially even the death penalty if aggravating factors exist.

The attorneys at Shealey Law Firm have the wide range of skills and experience in trying high-profile murder cases that you and your loved ones need to navigate this difficult charge and take on the prosecution with the strongest defense possible. The attorneys at Shealy Law have tried numerous murder cases to verdict and have a strong record of acquittals or extremely favorable outcomes.

Under South Carolina law, "murder" is defined as the "killing of any person with malice aforethought, either express or implied."
First, the killing must be done with "malice aforethought". Malice aforethought is often called "premeditation", but it is much broader. Malice aforethought describes the accused's state of mind or actions that show

  • Intent to kill another person,
  • Intent to cause serious or grave bodily harm to another person,
  • Extreme recklessness that shows indifference to the lives of others such as firing a gun into an occupied home, or
  • Intent to commit a dangerous felony, such as armed robbery or burglary, which results in the death of another person.

Malice aforethought must be either express or implied. Express malice aforethought is evidence of intent to kill or intent to cause grave bodily harm to another person. Implied malice aforethought is conduct that shows extreme indifference to the value of human life such as in order to convict someone of murder, the prosecution must show that the accused caused the death of another person beyond a reasonable doubt.

The attorneys at Shealey Law Firm work tirelessly and thoroughly to expose the weaknesses in the state's case and fight for the best outcome for you and your loved ones in this difficult time.

Manslaughter: Voluntary Manslaughter and Involuntary Manslaughter

Manslaughter is the "unlawful killing of another person without malice, express or implied" Unlike murder, manslaughter does not require the accused individual to have intended to kill another person with malice aforethought, it simply requires the act to be done with the heat of passion or a reckless indifference to the lives of others.

The consequences of manslaughter are less severe than murder but are still very serious. If convicted of voluntary manslaughter, an individual faces between two and thirty years of prison time. In addition to a prison sentence, voluntary manslaughter is a felony offense which may affect a person's job opportunities, social life, and even ability to vote.

If you or someone you know has been charged with Manslaughter, we are here to help. Our criminal defense attorneys will work diligently to achieve the best resolution for your case.

Attempted Murder:

An individual may be charged with attempted murder if she tries to kill another person with malice aforethought -intent to kill that specific victim or intent to cause great bodily harm. Attempted murder is a very serious charge, under South Carolina law it is classified as a violent and most serious offense. If convicted, a person faces up to thirty years in prison with no option for a suspended sentence, probation, or parole.

The attorneys at Shealey Law Firm will work tirelessly and thoroughly to expose the weaknesses in the state's case and fight for the best outcome for you and your loved ones in this difficult time.

Assault and Battery High and Aggravated

A person may be charged with Assault and Battery of a High and Aggravated Nature (ABHAN) if she is alleged to have unlawfully injured another person that results in great bodily injury or the alleged act occurred in a way that was likely to produce death or great bodily injury.

Assault and Battery of a High and Aggravated Nature is a felony and if convicted an individual may be sentenced up to twenty years in prison possibly without the opportunity for parole. This is considered a violent and serious offense. An individual convicted of Assault and Battery of a High and Aggravated Nature may be listed on the Child Abuse Registry and barred from fostering or adopting children.

A conviction may also prevent an individual from lawfully obtaining a concealed weapons permit or a firearm and may carry indirect consequences such as lower pay and less opportunity for employment.

If you or someone you know has been charged with Assault and Battery of a High and Aggravated Nature, the Shealey Law Firm is here to help. Our experienced criminal defense attorneys will work tirelessly and diligently to find the best resolution for your case, while treating you with the respect and dignity you deserve.

Assault and Battery First Degree

A person may be charged with Assault and Battery in the First degree if they are alleged to have unlawfully injured another person. The alleged act must also either involve nonconsensual touching of another person's private parts above or under their clothing with inappropriate sexual intent or have occurred during the commission of burglary, robbery, kidnapping.

A person may also be charged with assault and battery in the first degree if they allegedly threatened to injure or attempted to injury another person and appeared to have the ability to injure another person in that moment. This threat or attempt must also be done in a way that would be likely to produce death or serious bodily injury if the individual was successful or occurred during the commission of a robbery, burglary, kidnapping, or theft.

Assault and Battery in the First degree is a felony charge and can carry serious penalties and requires a strong defense team. If convicted, an individual can face up to ten years in prison and may be barred from fostering or adopting children, have their DNA listed on a permanent database, or be listed on a Child Abuse Registry.

All of these consequences can be drastic for people and their families and cause lasting damage, a strong defense can make all the difference in securing a future for you and your loved ones if you are faced with these charges. With years of experience tackling these charges and getting results, the attorneys at the Shealey Law Firm can guide you and your family through these tough times and get the best possible outcome for you and your loved ones.

Assault and Battery Second Degree

A person may be charged with Assault and Battery in the Second degree if she is alleged to have unlawfully injured another person with the present ability to injure another person in that moment. The alleged act must also either have caused or could have caused moderate bodily injury to another person or involved the nonconsensual touching of another person's private parts either above or under their clothing.

If convicted, a person could face up to three years in prison and the possibility of a $2,500 fine. In addition to the possibility of prison time and a hefty fine, a conviction of Assault and Battery in the Second degree may bar an individual from fostering or adopting children and may require her to be listed on the Child Abuse Registry.

Beyond the legal consequences, an allegation of Assault and Battery in the Second degree can damage a person's career, family life, and reputation. If you or a loved one is facing a charge of Assault and Battery, the experienced attorneys at the Shealey Law Firm are here to help secure a positive outcome in a difficult situation!

Assault and Battery Third Degree

A person may be charged with Assault and Battery in the Third degree if he is alleged to have injured, he is alleged to have unlawfully injured another person with the present ability to injure another person in that moment.

Assault and Battery in the Third degree carries a penalty of up to thirty days in jail and the possibility of a fine of up to $500. In addition to these penalties, Assault and Battery in the 3rd degree may also bar an individual from fostering or adopting children in the future or require him to be listed on the Child Abuse Registry depending on the circumstances of the case.

These consequences may cause a person to lose job opportunities or prevent his family life and reputation. If you or a loved one is facing a charge of Assault and Battery, the experienced attorneys at the Shealey Law Firm are here to help secure a positive outcome in a difficult situation!