If two consenting adults agree to engage in mutual combat under supervision of a referee in an enclosed area and all guidelines were met eg.. both parties agree, understand the engagement rules, and agree to end the fight upon a retreat or the inability to continue could legal proceedings occur?
answered on Nov 12, 2022
Yes, both parties may be charged pursuant to S.C. Code Statutes regarding assault and battery.
Only fights authorized by the SC State Athletic Commission, a division of SC Labor Licensing Regulation, are immune from application of the SC Codes punishing assault and battery.
It was in 2002 and I’ve never had a similar charge, I’d like my second amendment rights back
answered on Jun 17, 2022
Unfortunately you can’t, absent a full pardon by the Governor of the State of Ohio; sealing or expunging the arrest does not vacate or remove the underlying conviction, which is entered into the National Criminal Information Center (NCIC), the computerized index used to screen for firearms... Read more »
answered on May 24, 2022
Under South Carolina Law, there are no criminal statutes of limitations.
The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »
answered on Nov 21, 2021
Is there a statue of limitations for simple possession in SC?
No. There are no statutes of limitations on criminal offenses in South Carolina.
Can they really come back to the house and arrest me?
Yes. In South Carolina we have two types of possession, constructive and... Read more »
answered on Nov 15, 2021
3 Grams of....
In South Carolina, Drug Crimes are specific to the substance. Without this information we cannot give you an accurate sentencing range.
answered on Jul 25, 2021
Yes. If police respond with EMS and discover illicit narcotics or illegal drugs on the person who is receiving emergency medical assistance, or if police are the first responder prior to EMS and discover an individual needing help with evidence of illicit narcotics or illegal drugs,... Read more »
answered on Jul 11, 2021
Unfortunately, we aren’t able to do anything but estimate your release date with the information you provided. Without knowing your actual conviction offense, so that we know whether or not the offense is a 65% or 85% time served offense, we cannot give you an accurate amount of... Read more »
Suspect is indicted already & is my husband.
answered on Jul 4, 2021
No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.
Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal... Read more »
I was sentenced to 8 years non violent from a 16-3-29 due to the judge stating he was "dropping it" to non-violent aggravated assault....I don't know if this is consistent with the law
answered on Jul 1, 2021
In South Carolina, SC Code Ann. 16-3-29 is Attempted Murder, a violent felony. The lesser included offenses of Attempted Murder are:
Assault and Battery of a High and Aggravated nature, a violent felony, S.C. Code Ann. 16-3-600B)(1);
Assault and Battery in the First... Read more »
$500, which was increased to $1000 when I said I couldn’t. They apparently followed me yesterday and saw the apt I live in. Now they are threatening to expose me to my family.
answered on Jun 20, 2021
Hello. We are terribly sorry to hear about this. No one should be afraid of such exposure by such types of people, merely for being who they are. This is repugnant and despicable.
You have several causes of action both criminal and civil.
South Carolina has no Revenge Porn Laws; the... Read more »
answered on Jun 6, 2021
Yes, the State could reduce armed robbery to strong armed robbery. However, this is usually done as a condition of plea negotiations. We recommend that you speak with this possibility to your attorney.
We hope that this helps you, and wish you the best in your matter.
answered on May 30, 2021
The likely charges are as follows:
Possession of a Weapon during the Commission of a Violent Crime.
answered on May 11, 2021
Well, South Carolina lawyers are unlikely to answer the questions of a Sanford, Florida questioner because we are not bar licensed in Florida.
We wish you well with your Florida legal matter.
Me and my boyfriend got into an argument, and he grabbed me and I bet him to get him off of me. And he had 2 bite marks on him. He called the cops and I spent the night in jail for third degree CDV. One of the court orders was to not have contact with him until the court date. But we have had... Read more »
answered on Apr 8, 2021
Yes; if the Court asks you a direct question, you must answer the Court truthfully. If the Court discovers that you are lying to it and the presiding judge, you can be held in Contempt of Court, which under South Carolina Law means you can be jailed or fined in an amount determined... Read more »
answered on Mar 23, 2021
No. During a traffic stop, if suspected narcotics are found, you have no right to have the drugs tested in your presence.
The type of test you are talking about is called a NIK Drug Test, in which a sample of the drug is placed in a bag with chemical reagents that react with... Read more »
answered on Mar 10, 2021
Trafficking is not eligible for expungement in South Carolina.
The only recourse you would have at this time is to petition for a pardon through SCPPP, and if it were approved and the Governor granted a pardon, then the charges could be expunged.
My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney
answered on Feb 28, 2021
DV is a serious charge that carries serious collateral consequences, from mandatory DV Classes to being permanently barred from gun ownership due to Federal Law.
You need to speak to an attorney, and you need to retain one. Most firms now offer payment plans for clients in your situation,... Read more »
I think i saw someone breast feeding and I tried to do the same. I believe he was about 3 or 4. Can I face legal trouble? I was simply a child and didn’t know.
answered on Feb 3, 2021
No. You were too young to appreciate right from wrong, and children at that age are generally not prosecutable.
There are two components to a crime: a wrongful act, and a wrongful desire to complete the act. The State must prove both. With minors, there is an additional... Read more »
answered on Jan 25, 2021
Hello, thank you for the chance to answer your question.
Trafficking is a violent crime under SC Law. Under our sentencing scheme, your husband is eligible for parole after he serves 85% of his sentence. Based upon what you have stated here, he would be eligible for parole after 5 years... Read more »
How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... Read more »
answered on Jan 25, 2021
We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.
The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency... Read more »
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