Jacksonville, FL asked in Criminal Law for South Carolina

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

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1 Lawyer Answer
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: Hello,

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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