Defending Violent Crimes

Violent crimes lawyer in Columbia & Lexington SCThe Michael Jeffcoat Firm is dedicated to defending people who are charged with violent crimes, such as assault and battery of a high and aggravated nature, kidnapping, manslaughter, and murder.  We are committed to upholding their constitutional rights by fighting for their freedom and reputation.  Those accused of a violent crimes deserve a lawyer who is knowledgeable on the law, experienced in the courtroom, and understands the procedures used by police and prosecutors to obtain a conviction.  Hiring a violent crimes lawyer is an important decision that should not be based solely on an advertisement.  Please review our qualifications and experience, and contact us about scheduling a free and confidential case review.

***“Please note that any result achieved on behalf of a client in one matter does not necessarily indicate that similar results can be obtained for other clients.”

VIOLENT CRIMES WE HANDLE

  • Armed Robbery
  • Armed Robbery
  • Arson – First degree and Second Degree
  • Assault and Battery – First degree, Second degree, Third degree, By Mob
  • Assault and Battery of a High and Aggravated Nature (ABHAN)
  • Attempted Armed Robbery
  • Attempted Murder
  • Boating under the Influence Resulting in Death
  • Burglary – First degree and Second degree
  • Carjacking
  • Criminal Domestic Violence of a High and Aggravated Nature (CDVHAN)
  • Criminal Sexual Conduct (CSC) – First degree and Second Degree
  • Felony DUI – Driving under the Influence Resulting in Death
  • Harassment – First degree, Second degree, Third degree
  • Homicide by Child Abuse
  • Kidnapping
  • Manufacturing Methamphetamine
  • Murder
  • Sexual Exploitation of a Minor – First degree and Second Degree
  • Stalking
  • Trafficking
  • Voluntary manslaughter

WE ARE THERE WHEN YOU NEED US FOR A STRONG VIOLENT CRIMES DEFENSE

  • We can immediately begin your defense by sending a letter of representation (do not talk to my client letter) to the police and prosecutor and by filing a motion for discovery (a request for all of the information the Government will try to use against you).
  • Prompt and personalized service with an emphasis on communication.
  • Every case is carefully reviewed, discussed, and prepared for the best defense possible.
  • Bond hearings
  • Court appearances
  • Preliminary hearings
  • Negotiation of charges
  • Motion hearings
  • Plea hearings
  • Trials
  • Appeals

Read about some of our firm’s notable guilty pleas, in which clients accepted a plea in exchange for reduced charges and/or suspended sentences.

FREE CASE REVIEW:

  • Attorney Review: You will meet with a violent crimes attorney, not a paralegal or legal assistant.
  • Your Case: You will discuss the facts of your case with the violent crimes attorney, so he can assess the strengths and weaknesses of your case.
  • Rights & Penalties: You will learn your rights, the sentencing range of the charge(s) if convicted, court procedure, and any defenses to the crime. If you retain us, we will immediately begin to fight your charge by implementing our personalized defense strategy.
  • Collateral Consequences: You will learn the collateral consequences of a conviction, such as possible loss of gun ownership, occupational, and right to vote.
  • FREE: Don’t worry, our consultation is always free and confidential.

POSSIBLE DEFENSES

  • ALIBI:
    • Alibi is defined as “elsewhere; in another place.”  For example, it is impossible for the Defendant to have committed the crime because the evidence proves that he was in another place at the time the crime occurred.
  • EYEWITNESS MISIDENTIFICATION:
    • The Innocence Project has found that eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing; playing a role in more than 70% of these convictions.  Eyewitness misidentification is a significant problem because it is incredibly persuasive evidence and, as science has proven, is often unreliable.
  • FALSE CONFESSION: WHY DO INNOCENT PEOPLE CONFESS?
    • According to the data collected by the Innocence Project, more than 1 out of 4 people who were wrongly convicted and later exonerated by DNA evidence made a false confession or incriminating statement.  The factors that contribute to a false confession include: duress; coercion; intoxication; diminished capacity; mental impairment; fear of violence; ignorance of the law; actual infliction of harm; and the threat of a harsh sentence.
  • POLICE / PROSECUTOR MISCONDUCT
    • Statistics compiled by the Innocence Project on DNA exoneration cases showed a disturbing amount of evidence proving fraud, negligence, or misconduct by prosecutors or police.  Most police officers and prosecutors are good and honest people.  However, like in any profession, there are those who do not follow the rules.  DNA exonerations has exposed official misconduct at every stage of a criminal investigation.  The most common forms of misconduct by law enforcement officials include: suggestive identification procedures; coercing false confessions; lying or intentionally misleading jurors about their observations; failing to give evidence to prosecutors; and providing incentives to informants who provide unreliable evidence.  The frequent forms of misconduct by prosecutors include: withholding favorable evidence from the defense attorney; deliberately tampering or destroying evidence; allowing a witness who they know is lying to testify at trial; relying on fraudulent or fake forensic reports; and misleading the jury by exaggerating the facts and circumstances.
  • JUNK SCIENCE: UNVALIDATED OR IMPROPER FORENSIC SCIENCE
    • The Innocence Project maintains that there are many forensic techniques that have not been subjected to sufficient scientific evaluation and have resulted in wrongful convictions.  These forensic techniques include hair microscopy, bite mark comparisons, firearm took mark analysis, and shoe print comparisons.  One of the biggest issues with this “junk science” is that many of these testing methods have little or no scientific validation combined with inadequate assessments of their reliability.  These testing methods also lacked acceptable standards for quality assurance and control.  Same as police officers and prosecutors, most forensic science examiners are intelligent and ethical people.  However, there are examiners who intentionally and unintentionally make mistakes or tamper with evidence.
  • MERE PRESENCE:
    • Mere presence is generally applicable in two circumstances.  First, in instances where there is some doubt over whether a person is guilty of a crime by virtue of accomplice liability, the trial court may be required to instruct the jury that a person must personally commit the crime or be present at the scene of the crime intentionally, or through a common design, aid, abet, or assist in the commission of that crime through some overt act.  Secondly, mere presence is generally an issue where the state attempts to establish the defendant’s possession of contraband because the defendant is present where the contraband is found.  In such cases, the trial court may be required to charge the jury that the defendant’s mere presence near the contraband does not establish possession.
  • SELF-DEFENSE:
    • A person is justified in using deadly force in self-defense when: (1) The defendant was without fault in bringing on the difficulty; (2) The defendant actually believed he was in imminent danger of losing his life or sustaining serious bodily injury, or he actually was in such imminent danger; (3) If the defense is based upon the defendant’s actual belief of imminent danger, a reasonable prudent man of ordinary firmness and courage would have entertained the same belief; and (4) The defendant had no other probable means of avoiding the danger of losing his own life or sustaining serious bodily injury than to act as he did in this particular instance.
  • PROBABLE CAUSE:
    • The standard for an arrest is probable cause, which is defined in terms of facts and circumstances sufficient to warrant a prudent man in believing that the suspect had committed or was committing an offense.  A warrant is supported by probable when, given the totality of the circumstances set forth in the affidavit, there is a fair probability that contraband or evidence of a crime will be found in a particular place.

POSSIBLE PUNISHMENT AND COLLATERAL CONSEQUENCES

  • Jail / Prison time
  • Fines and fees
  • Possible loss of gun ownership
  • Possible loss of the right to vote
  • Possible loss of student scholarships

VIOLENT CRIMES STATUTES

  • 16-25-10.”Household member” defined.
  • 16-25-20. Acts prohibited; penalties; criminal domestic violence conviction in another state as a prior offense.
  • 16-25-30. Possession of a firearm by a person convicted of domestic violence or domestic violence of high and aggravated nature; notice.
  • 16-25-65. Criminal domestic violence of a high and aggravated nature; elements; penalty; conditional probation; statutory offense.
  • 16-25-70. Warrantless arrest or search; admissibility of evidence.
  • 16-25-80. Effect on enforcement of contempt orders and police arrest powers; construction with assault and battery and other criminal offenses.
  • 16-25-120. Release on bond; factors; issuance of restraining order; notice of right to counsel.
  • 16-3-10. “Murder” defined.
  • 16-3-29. Attempted murder.
  • 16-3-60. Involuntary manslaughter; “criminal negligence” defined.
  • 16-3-85. Homicide by child abuse; definitions; penalty; sentencing.
  • 16-3-95. Infliction or allowing infliction of great bodily injury upon a child; penalty; definition; corporal punishment and traffic accident exceptions.
  • 16-3-210. Assault and battery by a mob; investigation and apprehension; civil liability.
  • 16-3-510. Hazing unlawful; definitions.
  • 16-3-600. Assault and battery.
  • 16-3-610. Certain offenses committed with a carried or concealed deadly weapon.
  • 16-3-615. Spousal sexual battery.
  • 16-3-625. Resisting arrest with deadly weapon; sentencing; “deadly weapon” defined; application of section
  • 16-3-652. Criminal sexual conduct in the first degree.
  • 16-3-653. Criminal sexual conduct in the second degree.
  • 16-15-395. First-degree sexual exploitation of a minor defined; presumptions; defenses; penalties.
  • 16-15-405. Second-degree sexual exploitation of a minor defined; presumptions; defenses; penalties.
  • 16-3-910.
  • 16-3-1050. Failure to report, perpetrating or interfering with an investigation of abuse, neglect or exploitation of a vulnerable adult; penalties.
  • 16-3-1075. Felony of carjacking; penalties.
  • 16-3-1080. Committing or attempting to commit a violent crime while wearing body armor a felony.
  • 16-3-1083. Death or injury of child in utero due to commission of violent crime.
  • 16-3-1085. Violent offender prohibited from purchasing, owning, or using body armor; exceptions.
  • 16-3-1090. Assisted suicide; penalties; injunctive relief.
  • 16-3-1525. Arrest or detention of person accused of committing offense; notification to victims; protection of witnesses; notification of bond proceedings; juvenile detention hearings.
  • 16-3-1700.
  • 16-3-1710. Penalties for conviction of harassment in the second degree.
  • 16-3-1720. Penalties for conviction of harassment in the first degree.
  • 16-3-1730. Penalties for conviction of stalking.
  • 16-3-1750. Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceability.
  • 16-3-1760.When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order.
  • 16-3-1770. Form and content of temporary restraining order.
  • 16-11-110.
  • 16-11-311. Burglary; first degree.
  • 16-11-312. Burglary; second degree.
  • 16-11-330. Robbery and attempted robbery while armed with deadly weapon.

Additional Information:

  • http://www.scstatehouse.gov/code/t16c003.php
  • http://www.scstatehouse.gov/code/t16c011.php
  • http://www.scstatehouse.gov/code/t16c025.php