At the David W. Martin Law Group, our Rock Hill criminal defense attorneys know that there is a specific legal threshold that must be met to charge someone with attempted murder.
The South Carolina Legislature defines the act as, “A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder.”
In South Carolina, attempted murder consists of both an action and an intention, which means the person charged with the crime must take a direct step toward the killing and must have the specific intent to kill that person.
Like other crimes, attempted murder charges may be classified by various degrees depending on the circumstances. Our York County attempted murder defense lawyers can help you understand the degree of the crime you are facing, and all potential legal strategies to produce the best outcome.
What are the Different Degrees of Attempted Murder Charges in South Carolina?
Like most states, the crime of attempted murder is not as straightforward as it sounds. There are different degrees of attempted murder based on mitigating factors that can increase or decrease the severity of the charges.
They include:
- Assault and battery with intent to kill if the act resulted in an injury.
- Attempted murder with a deadly weapon.
- Attempted second-degree murder if it was committed with depraved indifference to life.
- Attempted first-degree murder if it was committed with premeditation.
- Attempted capital murder if the act involved aggravating circumstances that would make a successful murder.
How Many Years for Attempted Murders in south Carolina
Attempted murder carries a sentence in South Carolina of up to 30 years in prison. The actual length of the sentence will be affected by any aggravating and mitigating factors the court considers. If convicted, the sentence cannot be suspended, nor will the individual be entitled to probation.
As seasoned Fort Mill criminal defense attorneys, we provide our clients with a realistic and straightforward understanding of what their attempted murder charges mean to their futures before crafting a customized legal defense for their unique circumstances.
What are the Most Common Defenses for Attempted Murder Charges in South Carolina?
Each attempted murder defense is unique to the person who had been charged with the crime, and the circumstances that led him or her here.
The potential defenses that may apply to attempted murder charges in South Carolina include, but are not limited to proving the individual:
- Did not intend to kill anyone.
- Could not have conducted the murder.
- Acted in self-defense.
- Withdrew from the attempt to cause death.
- Did not act in furtherance of the alleged crime.
- Did not act with malice aforethought, either express or implied.
If you or someone you love has been charged with attempted murder in South Carolina, contact our experienced Rock Hill criminal defense attorneys today by calling 803-548-2468 or contact us online to learn more about your legal rights and options to pursue the best outcome for your unique circumstances today, so we can get started on your defense strategy without delay.
