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Charleston Homicide Lawyer

Charleston Homicide Lawyer

Strong representation for defendants charged with murder or manslaughter in Charleston

Homicide charges include murder, attempted murder, manslaughter, involuntary manslaughter, and other offenses. There are critical differences among these offenses depending on whether malicious intent was involved and other factors. The common quality is that all three involve the death of another human, which means a conviction will likely result in a long prison sentence. If you or someone you know is charged with any type of homicide, you need a lawyer who is skilled at trying cases before juries, arguing before judges, contesting prosecutors, and challenging the police. The Law Offices of A. Randolph Hough, P.A., is ready to help you today. Our Charleston homicide lawyer has a successful career as a criminal defense lawyer. He also uses his skills as a former prosecutor to fight for your freedom. When people are arrested in Charleston, Attorney Hough is often their first call.

“Remember, an arrest is not a conviction.”    -    Attorney Hough

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How does murder differ from manslaughter?

When someone dies, the prosecution will do everything they can to find someone is accountable. However, many homicide and manslaughter cases aren’t as strong as they seem. Sometimes the prosecutors charge the wrong person. Often, there are explanations and factors that need to be considered. At The Law Offices of A. Randolph Hough, P.A., our Charleston criminal defense lawyer fights to obtain dismissals and acquittals of murder and homicide charges. We also skillfully negotiate plea bargains for less serious offenses.

The offenses of murder and manslaughter are different. S.C. Code § 16-3-5 defines murder and manslaughter as follows.

Murder

SECTION 16-3-10. "Murder is the killing of any person with malice aforethought, either express or implied.” There are no grades or categories of murder. If the prosecution believes you had the specific or general intent to commit murder, you will be charged with murder.

Attempted Murder

SECTION 16-3-29. Attempted murder occurs when “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.”

Manslaughter

SECTION 16-3-50. Manslaughter is the unlawful killing of another person without malice, express or implied. While the statute does not use the words voluntary manslaughter, manslaughter is generally more than a reckless act. Manslaughter does include acts of passion where someone may kill another person in an act of rage or passion.

Involuntary Manslaughter

SECTION 16-3-60. Involuntary manslaughter is the unlawful killing of another person due to criminal negligence – which is defined as “the reckless disregard of the safety of others.” The prosecution must be able to show that a defendant’s conduct was criminally negligent.

Each word in these statutes does matter. The difference between malice and no malice is the difference between murder and manslaughter. A killing must be unlawful to justify a manslaughter charge. Killings in self-defense are generally lawful. Often, the prosecution cannot show that a defendant had a “reckless disregard” for a victim’s safety.

Our Charleston homicide defense lawyer understands exactly what each word means and how to use those definitions to the advantage of his clients.

Other types of homicide charges include:

  • SECTION 16-3-70. Administering or attempting to administer poison.
  • SECTION 16-3-85. Homicide by child abuse; definitions; penalty; sentencing.

What are the penalties for murder and manslaughter convictions in South Carolina?

The consequences for murder, attempted murder, manslaughter, and involuntary manslaughter differ, but all the crimes are felonies that will result in prison time. A murder conviction also includes the possibility of a death sentence. When you are released from prison after serving time for murder or manslaughter, finding a job and a place to live will be very difficult. You will not be able to carry a firearm. Professional licenses and the right to vote will be in jeopardy.

Generally, convictions for homicide crimes are mandatory, meaning if convicted, you won’t be eligible for parole.

The penalties for murder, attempted murder, manslaughter, and involuntary manslaughter are as follows:

  • Murder. A conviction means at least 30 years in prison. Defendants could also be sentenced to life in prison or death if there are aggravating circumstances. There are special procedures that must be followed by the judge and jury when a prosecutor seeks the death penalty. In addition, capital sentences are subject to review by the South Carolina Supreme Court.
  • Attempted murder. This charge can result in a sentence of up to 30 years in prison.
  • Manslaughter. The sentence for manslaughter is a minimum of two years and a maximum of 30 years in prison.
  • Involuntary manslaughter. Not more than five years in prison.

As you can see, homicide cases are life-changing or life-ending. The Law Offices of A. Randolph Hough, P.A., is ready to help fight for your freedom and your life.

What defenses do you assert on behalf of anyone charged with a homicide in Charleston?

At The Law Offices of A. Randolph Hough, P.A., our Charleston homicide defense lawyer has been a trial lawyer for 30 years. He’ll assert every defense possible to secure your freedom and is skilled at negotiating plea bargains for lesser sentences.

Some of the defenses we assert in homicide cases include:

  • You didn’t commit the offense
  • Mistaken identity
  • The attack was justified
  • You acted in self-defense
  • A lack of malice
  • The prosecution violated the defendant’s rights including the right to contest illegal searches and seizures, involuntary statements, and to question every witness
  • The prosecution failed to disclose exculpatory evidence
  • The jury selection process was improper
  • The government cannot prove its case beyond a reasonable doubt
  • Insanity
  • The use of experts including forensic experts, psychiatrists and psychologists, pathologists, and ballistic experts

Many other defenses will likely apply. You have a right to defend yourself. Remember—an arrest is not a conviction. Contact our respected Charleston criminal defense lawyer today.

What is the Protection of Persons and Property Act?

South Carolina’s Protection of Persons and Property Act is a state law. The Act is the law that codifies the “Castle Doctrine” – the doctrine that your home (and an occupied vehicle and your place of business) are your castle. This means that the citizens of South Carolina can “protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.” Furthermore, “no person or victim of crime should be required to surrender his personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack.”

The Act/doctrine is also known as the “stand your ground” law.

The Protection of Persons and Property Act is a defense that our Charleson homicide lawyer will assert if you were trying to defend your home, vehicle, or business and someone died because of your defense.

There are exceptions. Deadly force, for example, cannot be used against members of law enforcement who have identified themselves as such and/or are acting within the scope of their authorized duties.

The Law Offices of A. Randolph Hough, P.A. also aggressively defends clients against other criminal charges, including assault, arson, kidnapping, and charges against college students. We also handle drunk driving defense.

Do you have a Charleston homicide lawyer near me?

The Law Offices of A. Randolph Hough, P.A. consults with murder and manslaughter defendants at our Charleston Office located at 171 Church St #160 and in the prisons where they are in custody. We also speak with defendants by phone or video.

Homicide crimes are the most serious type of criminal cases. Our criminal defense lawyer has the experience and tenacity to provide the strongest representation.

1720 Main St. Suite 105
Columbia, South Carolina 29201
Phone: (803) 219-2740
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171 Church Street, Suite 160
Charleston, SC 29401
Phone: (843) 507-4558
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Speak with an experienced Charleston homicide defense attorney now

If you’re facing murder or manslaughter charges, you need a defense lawyer who is skilled at handling every phase of your criminal case, from the arrest, lineup, bail hearing, and arraignment to the preliminary hearings, suppression hearings, and trial. At The Law Offices of A. Randolph Hough, P.A., we understand that confident, aggressive, experienced representation is critical for all homicide offenses. To schedule a consultation with a respected Charleston homicide lawyer, please call us or fill out our contact form today.