Q: Which offense is a lesser included offense to 16-3-29? And is it's lesser included offense violent or non-violent?
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
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 Degree, a non-violent felony, S.C. Code Ann. 16-3-600(C)(1);
Assault and Battery in the Second Degree, a non-violent misdemeanor, S.C. Code Ann. 16-3-600(D)(1);
Assault and Battery in the Third Degree, a non-violent misdemeanor, S.C. Code Ann. 16-3-600(E)(1).
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