(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure another person with the present ability to do so.
(2) A person who violates this subsection is guilty of a misdemeanor, and, upon... Read more »
No, it is not a crime of violence per 16-1-60. It is considered a non violent crime, and while it is classified as a misdemeanor it carries up to 3 years in prison. So any conviction, regardless of the imposes sentence could impact your federal rights to own and possess a firearm.
Was charged with bring in contraband I don't want go to prison what do I do
You should contact a local defense attorney, the chances of you going to prison over a roach are minimal, that being said an attorney may be able to help you keep this off your record.
They are illegal, it is a felony charge that carries up to ten years imprisonment. See statute below
SECTION 16-23-230. Unlawful storing, keeping, or possessing of machine gun, military firearm, or sawed-off shotgun or rifle.
It is unlawful for a person to store, keep, possess, or... Read more »
So, today I went somewhere that I wasn’t aware was private property. Anyways a couple minutes into being there, I was face to face with an officer. I was told I was being trespassed, but not being taken to jail. I just want to know if this goes on my record or if it’s just for their record in... Read more »
This is not a criminal citation, arrest or conviction and therefore it should not be entered on your criminal record. There is likely a report that the law enforcement agency took stating the warning you are being "trespassed" or essentially told formally not to come back. You can request... Read more »
I am a 16 year old girl and am constantly asked for nudes on social media sites like snapchat and instagram. I’m often offered money for said photos or videos. I don’t ever want to send my own photos so I started just looking up photos online and sending those photos in exchange for money.... Read more »
What you are doing is definitely not legal, I would strongly recommend you quit immediately and stop interacting with strangers on social platforms. There are a number of different federal and state criminal charges this could fall under (not to mention potential civil claims) and the people you... Read more »
5 years in prison, felony class F
I was charged with a hit and run. There was minimal damage done to either vehicle. This is my first offense. There were also issues in the police report. Officially it was claimed that I hit an unattended vehicle and there was there were people in the car when it happened. Am I facing looking fines... Read more »
If no one was injured and the damage was minimal then the Hit and Run charge is likely a misdemeanor charge carrying up 30 days for an unattended vehicle or up to 1 year in prison if the vehicle was occupied and property damage was the result. No ethical attorney can tell you what the sentence will... Read more »
If you were convicted of Burglary 1st Degree the minimum mandatory sentence is 15 years in prison. The assault charge has no minimum so probation would be possible if convicted on that charge. However just because you are charged doesn't mean you will be convicted, and there is often times a... Read more »
marijuana was involved, but it was the victims.
In South Carolina age 17 is considered to be an adult in terms of engaging in sexual activity so her age alone will not result in a potential criminal charge, but if she was voluntarily intoxicated to the point of being "mentally defective, mentally incapacitated, or physically helpless"... Read more »
Agree months ago, the victims family members wrote The Solicitors Office, The Clerk of Court, and The Department of Probation, Parole, And Pardon Services asking them to please release do to mercy /clemecy. Other members of The community also wrote The Department. No answer or response has been... Read more »
To be blunt, they do not have to answer the letters or open any investigation into a closed case for the reasons given. A judge and jury heard the case in 1995 and a decision was made. Reducing a sentence on the grounds that the interested parties now want mercy is not going to be possible without... Read more »
You can always buy a firearm if someone is willing to sell it to you. The question is will your possession of that firearm be an illegal act. Distribution of Cocaine is a felony in South Carolina, but you will not be restricted from owning a firearm under South Carolina law as this is not an... Read more »
I got arrested on 1/9/2020 for forgery. For a returned check and trying to cash another check for work I've done.{it was freelance on a app and I can't get ahold of them.} I was given the check under the assumption it was good {I had an inkling but I didn't think this person would do... Read more »
I would recommend you consult with an attorney before you make a decision. If you talk to an experienced criminal defense attorney in your area he/she will be able to make contact with the officer to get the story before you put yourself at risk. You should also remember the police are legally... Read more »
Yes, it is a misdemeanor assault and battery charge that carries up to 3 years. This statute and charge is specific to South Carolina. One thing to keep in mind is that any charge that carries over 1 year, may be classified as a felony for federal purposes on your criminal record. (NCIC)
Its my first first offence and I have not been in trouble before I am worried of it staying on my record and possibly going to jail and losing my kids
If the charge is a misdemeanor shoplifting and you have no record you are likely eligible for Pre Trial Intervention. The program will cost around $325 but if you complete the program the charge will be dismissed and your record will be eligible for expungement. However just because you are... Read more »
It is against the law in South Carolina and likely every other state. In South Carolina it is called malicious injury to personal property and depending on the amount of damage caused it is either a misdemeanor or felony charge.
im being chargeded for first degree sexual assult
Then you need to call a criminal defense attorney in your area to arrange a consult. While I do not know the allegations or potential facts, generally speaking I wouldn't talk about the case with anyone until you can retain or at least consult with an attorney to get some advice on how to proceed.
What documents are needed? Must they be filed in person? Is a lawyer required to assist in this process? The check was less than $50 and was paid for at the law enforcement agency when processed.
It depends on what the actual charge was, if you have had anything expunged in the past, what if any record you have from the three years after the conviction, etc. You can either contact the clerk of court and ask to speak to someone in expungements or call a local criminal defense attorney.... Read more »
I’ve never been in trouble if I’m found guilty what could happen
What the potential outcome might be largely depends on the facts of the case. Not having a record is a great thing, but that's only a small part of the puzzle that a Judge must consider if your were in fact found guilty.
I agree with the previous response in that you need to talk to... Read more »
Yes, as an element of trafficking is conspiracy. Meaning a person doesn't have to actually be in possession to be found guilty. He will need to talk to a defense attorney as every case is different.
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