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What Crimes Are Considered Violent in SC
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What Crimes Are Considered Violent in SC

While the word “violent” has all sorts of horrible suggestions, most involving someone being hurt or even killed, not all violent crimes result in either of those outcomes. If you’ve been charged with a crime in SC, it’s possible that it’s been designated as “violent,” even if you don’t know it.

South Carolina violent crimes – What are they?

The list of violent crimes in South Carolina is a long one, and it’s one that can be difficult to navigate. So for simplicity’s sake, we’ve grouped the violent crimes into categories and have included information about them according to Section 16-1-60 of the South Carolina Code of Laws.

Homicide

The word “homicide” gets thrown around a lot in pop culture, and there’s often confusion as to what it actually means. Homicide is the deliberate and unlawful killing of one person by another. The following crimes fall into the homicide category and are considered violent crimes.

  • Murder (Section 16-3-10)
  • Attempted murder (Section 16-3-29)
  • Voluntary manslaughter (Section 16-3-50)
  • Homicide by child abuse (Section 16-3-85(A)(1))
  • Aiding and abetting homicide by child abuse (Section 16-3-85(A)(2))
  • Abuse or neglect of a vulnerable adult that results in death (Section 43-35-85(F))
  • Malicious detonation of a device on capitol ground resulting in death (Section 10-11-325(B)(1))
  • Malicious detonation of a destructive device resulting in death (Section 16-23-720(A)(1))
  • Non-malicious detonation of a destructive device resulting in death (Section 16-23-720(A)(2))
  • Operating a boat under the influence resulting in someone’s death (SEction 50-21-113(A)(2))
  • Failure to assist someone as a vessel operator, resulting in their death (Section 50-21-130(A)(3))
  • The removal of equipment or damage of an airport facility, resulting in death (Section 55-1-30(3))
  • Failure to stop for a signaling law enforcement individual or vehicle, resulting in death (Section 56-5-750(C)(2))
  • Hit and run, resulting in death (Section 56-5-1210(A)(3))
  • DUI resulting in death (Section 56-5-2945(A)(2))
  • Placement of injurious or destructive materials on a roadway, resulting in death (Section 57-7-20(D))
  • Tampering with railroad signs or signals or traffic-control devices, resulting in death (Section 56-5-1030(B)(3))
  • Obstruction of a railway resulting in death (Section 58-17-4090)
  • Accessory before or after the fact to any of these offenses
  • Attempt to commit any of these offenses

Criminal sexual conduct

While forcible rape is what most people think when they think criminal sexual conduct, the list of crimes that fall under that umbrella is much longer—and broader. Below are other crimes labeled as criminal sexual misconduct.

  • Criminal sexual conduct in the first degree
  • Criminal sexual conduct in the second degree (Sections 16-3-652 and 16-3-653)
  • Criminal sexual conduct with minors, first, second and third degree (Section 16-3-655)
  • Assault with intent to commit criminal sexual conduct, first and second degree (though this can also be classified under the assault category) (Section 16-3-656)
  • Engaging a child for a sexual performance (Section 16-3-810)
  • Promoting, producing or directing sexual performance by a child (Section 16-3-820)
  • Sexual battery of a spouse (Section 16-3-615)
  • Sexual exploitation of a minor, first and second degree (Section 16-15-395 and 16-15-405)
  • Promoting or participating the prostitution of a minor (Section 16-15-415 and 16-15-425)
  • Voyeurism (aggravated) (Section 16-17-470(C))
  • Accessory before or after the fact to any of these offenses
  • Attempting to commit any of these offenses

Assault & battery

While most people’s idea of assault is just two people fighting, it’s actually more complicated than that and can even be upgraded to a violent crime. This is usually the case when someone dies or is seriously injured, but the following fall under the violent crime category as well:

  • Assault and battery by mob (two or more persons) that results in the death of the victim (Section 16-3-210(B))
  • Assault and battery with the intent to kill (Section 16-3-620)
  • Assault and battery of an aggravated and high nature (Section 16-3-600(B))
  • Infliction of great bodily injury on a child (Section 16-3-95(A))
  • Allowing a child to be greatly injured bodily (Section 16-3-95(B))
  • High and aggravated domestic violence (Section 16-25-65)
  • Abuse and neglect of a vulnerable adult that results in great bodily injury (Section 43-35-85(E))
  • Kidnapping (Section 16-3-910)
  • Human trafficking (Section 16-3-930)
  • Taking hostage (by an inmate) (Section 24-13-450)
  • Accessory before or after the fact any of the above
  • Attempting any of the above

Crimes against property

Robbery is taking or attempting to take something valuable from another person by force, threat of force or by putting them in fear of being injured or harmed. Violent crimes involving robbery are:

  • Armed robbery (Section 16-11-330(A))
  • Attempted armed robbery (Section 16-11-330(B))
  • Carjacking (Section 16-3-1075)
  • 1st degree burglary (Section 16-11-311)
  • 2nd degree burglary (Section 16-11-312(B))
  • Arson in the 1st degree (Section 16-11-110(A))
  • Arson in the 2nd degree (Section 16-11-330 B))

Drug crimes

Drug crimes can be considered violent when a certain amount of an illegal drug are involved. This is called trafficking, and the crimes below are considered violent, as defined in South Carolina Code of Laws Sections 44-53-370(E), 44-53-375 and 44-53-375(C).

  • Drug trafficking of 10 pounds or more of marijuana,
  • Drug trafficking of 10 grams or more of cocaine or drugs containing cocaine
  • Drug trafficking of four grams or more of morphine, opium, heroin or salt of an isomer of opium
  • Drug trafficking of 15 or more grams of methaqualone
  • Drug trafficking of 100 or more doses of LSD
  • Drug trafficking of one gram or more of flunitrazepam or fifty milliliters of gamma hydroxybutyric acid
  • Drug trafficking of one hundred doses of MDMA
  • Accessory before or after the fact for any of these offenses
  • Attempting to commit any of these offenses

What can I do if I’ve been charged with a violent crime?

If you’re charged with a violent crime offense, understand that the prosecuting attorney is working hard to get the most severe conviction in the case against you. Also understand that the sentences for violent crimes include extensive of jail time--or worse. Because of that, you need a defense attorney to help build a defense on your behalf, fight for your rights and work to get you the best outcome possible.

Let Lori Murray help you. You can start your defense process by calling her at 803-779-4472 or filling out this online form.

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Contact Lori Murray to discuss your situation.

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