When does self-defense apply under South Carolina law? I bet you think that if someone attacks you you have the right to defend yourself, and it’s that simple. That makes sense, and most people would agree… But did you know that SC’s self-defense law only applies when...
Criminal Defense News
Can You Appeal a Conviction Twice?
You can appeal a conviction twice – if you have been convicted, successful on appeal, retried, and convicted again, you can file a second appeal based on errors made in the second trial or you can file a PCR action based on mistakes made by the trial lawyer. You can...
What is an “Allen Charge?”
In State v. Rampey, decided on October 5, 2022, the SC Supreme Court reversed a CSC with a minor conviction, finding that the Allen charge given by the court at Rampey’s trial was unconstitutionally coercive. What the heck is an “Allen charge?” It doesn’t come up...
SC Judge Finds that Execution by Firing Squad and Execution by Electric Chair are Unconstitutional
A SC judge has ruled that execution by firing squad and execution by electrocution violate the SC Constitution, effectively halting executions in SC (until the SC Supreme Court overturns the ruling, which will almost certainly happen). Below, we will discuss why the...
Citizen’s Arrest Laws: How to Commit Legal Murder in SC
SC’s citizen’s arrest laws authorize killing under circumstances that most people would consider murder, for example, when someone looks like they are about to commit a crime at night and they run from you.
Stand Your Ground: Self Defense Law in SC
Self defense law in SC: when can you use deadly force to defend yourself? Common law elements of self defense, SC’s stand your ground law, SC protection of persons and property act, defense of others, and the Castle Doctrine.
Voluntary Manslaughter: When Should Murder be Reduced to Manslaughter?
Voluntary manslaughter must be provided as an option to a jury when there is any evidence of 1) sufficient legal provocation and 2) heat of passion. A murder conviction was reversed in State v. Payne where the trial court refused to give a voluntary manslaughter jury instruction.
State v. Williams: Attempted Murder Conviction Reversed
Attempted murder conviction reversed – in State v. Williams, the SC Court of Appeals reversed an attempted murder conviction because there was no evidence of the specific intent to murder presented at trial and therefore the doctrine of transferred intent does not apply.
Mandatory Minimum Sentences for Drug Offenses in SC
The SC House of Representatives is considering bipartisan legislation that would change mandatory minimum sentences for drug offenses, the time served for no-parole drug offenses, and the threshold weights for PWID and drug trafficking offenses.
Shoplifting Charges – Defenses and Wrongful Arrests in SC
Did you know that you don't have to leave the store with an item for them to stop you and have you arrested for shoplifting? Or that you can be charged with shoplifting if a store employee thinks that you changed the price tag on an item? Shoplifting charges can be...