What Makes Something a Violent Crime?
In South Carolina, a crime doesn’t need to involve serious physical injury to be legally classified as a violent crime. State law specifically identifies certain offenses as violent crimes, and that classification can affect sentencing and parole eligibility. Whether an offense is classified as a violent crime depends on how South Carolina law defines the charge.
At The Law Office of Jonathan M. Harvey, our criminal defense attorneys represent people facing violent crime charges in Columbia and throughout South Carolina. The information below explains how South Carolina classifies violent crimes and why that designation can affect the outcome of a criminal case.
How Does South Carolina Define a Violent Crime?
South Carolina law specifically identifies which offenses are considered violent crimes under S.C. Code § 16-1-60. A charge may qualify as a violent crime even when no serious physical injury allegedly occurred.
Violent crimes in South Carolina may include charges such as murder, armed robbery, kidnapping, criminal sexual conduct, assault and battery of a high and aggravated nature, and certain burglary offenses. Some drug trafficking offenses and attempted violent offenses may also fall within the state’s violent crime classification.
What Happens if a Crime Is Classified as Violent?
Being charged with a violent crime can affect sentencing and parole eligibility. Many violent offenses carry lengthy prison exposure, and some charges may limit a person’s ability to receive probation or early release.
South Carolina also classifies certain offenses as “serious” or “most serious” crimes. Examples may include:
- Armed robbery
- First-degree burglary
- Criminal sexual conduct
- Attempted murder
- Murder
Some violent offenses may require a person to serve at least 85% of the sentence imposed before becoming eligible for release. South Carolina’s violent crime laws can also affect whether a person may be released from custody before trial, particularly in cases involving murder or first-degree burglary.
A conviction for a “serious” or “most serious” violent offense may also count toward South Carolina’s repeat offender laws, which can lead to substantially harsher penalties for future convictions.
What To Do if You Are Facing a Violent Crime Charge
The way a charge is classified under South Carolina law can affect sentencing and parole eligibility. Understanding how these classifications apply is important when responding to violent crime allegations in Columbia or elsewhere in South Carolina.
The criminal defense attorneys at The Law Office of Jonathan M. Harvey represent clients accused of violent offenses throughout the Columbia area. If you’ve been arrested or are under investigation, call 803-779-3363 or get in touch with us to discuss your legal options.