Attempted Murder Charges in South Carolina: Laws, Penalties, and Defense

Facing attempted murder charges in South Carolina is a life-changing event. The penalties are severe, and the legal requirements to prove intent and actions make these cases complex. Whether you’ve been charged or are trying to understand the process, knowing how attempted murder is defined and defended under South Carolina law is essential. Let’s break down the key aspects of this serious criminal charge, from how it’s proven to what defenses are available in court.

How South Carolina Defines Attempted Murder

In South Carolina, attempted murder is defined as an action with the intent to kill another person, paired with a substantial step toward committing the crime. While the murder may not be completed, the criminal intent to end someone’s life and the concrete actions taken toward that goal are enough to charge someone with attempted murder.

• Criminal Intent Elements: To charge someone with attempted murder, the prosecution must prove that the defendant had the specific intent to kill. This is what distinguishes attempted murder from other violent crimes, like assault.
• Specific Actions Required: It’s not enough to simply have the intent; there must be a substantial step toward committing the murder. This could involve acquiring a weapon, stalking the victim, or setting a trap.
• Failed Completion: The key difference between murder and attempted murder is that the latter is an incomplete crime. The victim may have escaped, or the crime may have been interrupted, but the intent and attempt were present.
• Difference from Assault: Assault charges generally involve intent to harm, but attempted murder requires intent to kill. The severity of the actions and the presence of a deadly weapon often distinguish these two charges.
• Proof Requirements: For a conviction, the prosecution must show:
• Intent to Kill: The defendant must have acted with the specific goal of ending someone’s life.
• Substantial Steps: The defendant took clear, overt steps toward completing the murder.
• Preparation vs. Attempt: Mere preparation, like planning, doesn’t count. There must be active movement toward committing the crime.
• Abandonment: If the defendant voluntarily abandons their attempt, it could be a defense, but it must be proven that the abandonment was genuine and not due to external factors (like the presence of law enforcement).

Penalties for Attempted Murder in SC

The penalties for attempted murder in South Carolina are severe, reflecting the seriousness of the charge:

• Maximum 30-Year Sentence: If convicted, a defendant could face up to 30 years in prison. South Carolina law does not allow parole for attempted murder convictions.
• Mandatory Minimums: Depending on the circumstances, mandatory minimum sentences may apply, especially if the case involves aggravated factors.
• Weapon Enhancements: The use of a deadly weapon during the attempted murder can lead to additional penalties, increasing the potential prison time.
• Prior Record Impact: If the defendant has a prior criminal record, especially for violent crimes, it can result in a harsher sentence.
• Aggravating Factors: Certain elements can make an attempted murder charge more severe, leading to longer sentences:
• Multiple Victims: Attempting to kill more than one person increases the penalties.
• Protected Victims: If the victim is a law enforcement officer, child, or someone else in a protected class, the charges and penalties escalate.
• Hate Crime Elements: If the attempted murder was motivated by race, religion, or other protected factors, it can trigger hate crime penalties.
• Gang Involvement: Being associated with a gang or organized criminal activity can lead to enhanced penalties.

Common Attempted Murder Scenarios

Attempted murder charges can arise from a variety of situations. Here are some of the more common scenarios seen in South Carolina courts:

• Domestic Violence Escalation: Domestic disputes that escalate into violent attacks with the intent to kill are a frequent source of attempted murder charges.
• Drive-By Shootings: These cases often involve the intent to kill someone specific, though others may be injured or targeted in the process.
• Poisoning Attempts: If someone attempts to poison another person but fails to complete the act, they may be charged with attempted murder.
• Assault with a Deadly Weapon: If a weapon is used with the intent to kill, but the victim survives, attempted murder charges may follow.
• Failed Murder Plots: These include situations where a murder plan is interrupted or doesn’t go as planned:
• Hire for Murder: Hiring someone to commit a murder, even if it’s not carried out, can result in an attempted murder charge.
• Conspiracy Cases: If multiple people are involved in planning a murder, each can be charged with attempted murder, even if the act is never completed.
• Murder-for-Hire: Offering money or compensation for someone to kill another person, whether successful or not, can lead to attempted murder charges.

Defense Strategies in SC Courts

Facing an attempted murder charge can be daunting, but there are several defense strategies that can be used, depending on the details of the case:

• Intent Challenges: The prosecution must prove beyond a reasonable doubt that the defendant intended to kill. If this intent is unclear, the charges may be reduced or dismissed.
• Self-Defense Claims: If the defendant can prove they were acting in self-defense, it may provide a complete defense to the charge.
• Abandonment Defense: If the defendant voluntarily abandoned their attempt to commit murder before the act was completed, this can serve as a defense, but it must be proven that the abandonment was not due to external circumstances.
• Mental Health Issues: Mental health defenses, including insanity or diminished capacity, may reduce the charges or the penalties in cases where the defendant’s mental state prevented them from forming intent.
• Mistaken Identity: In some cases, the defendant may argue that they were wrongfully identified as the person who committed the attempted murder.
• Evidence Problems: Cases often hinge on the quality of the evidence presented by the prosecution. Defendants may challenge:
• Witness Credibility: Witnesses may have seen the event under stressful conditions or may be unreliable.
• Physical Evidence: If the physical evidence is insufficient or improperly collected, it can weaken the prosecution’s case.
• Circumstantial Cases: Sometimes, attempted murder cases rely heavily on circumstantial evidence, which can be attacked for its lack of direct proof.

Court Process for Attempted Murder

Attempted murder charges follow a specific legal process in South Carolina, from bond hearings to the trial itself:

• Bond Considerations: Given the severity of the charge, bond may be denied, or a high bond may be set. Courts look at factors such as the danger to the community and the defendant’s flight risk.
• Preliminary Hearings: The court will hold a preliminary hearing to determine whether enough evidence exists to proceed with the case. This is a critical stage where the defense can challenge the prosecution’s case.
• Grand Jury Process: For felony charges like attempted murder, a grand jury must issue an indictment before the case can proceed to trial.
• Trial Procedures: During the trial, both sides will present evidence and witness testimony. The defense may present expert witnesses to challenge the prosecution’s evidence or to support the defendant’s case.
• Sentencing Factors: If convicted, the court will consider several factors when determining the sentence, including:
• Victim Impact: The court will hear from the victim or their family about how the crime has affected them.
• Prior Record: A defendant’s criminal history can influence the length of the sentence.
• Mitigating Circumstances: If there are factors that reduce the defendant’s culpability, such as mental health issues, the court may impose a lighter sentence.
• Cooperation Level: Defendants who cooperate with law enforcement may receive more favorable sentences.

Conclusion: Facing Attempted Murder Charges? Time to Build a Strong Defense

Attempted murder charges in South Carolina are among the most serious you can face, with life-altering consequences. If you’ve been charged, it’s crucial to understand the charges, the penalties, and the potential defense strategies that could help your case. At Thompson & Hiller Defense Firm, we’re experienced in handling attempted murder cases and are ready to fight for your rights. Contact us today to start building your defense.