How Law Enforcement Investigates And Charges Attempted Murder Cases In South Carolina

Attempted murder is an extremely serious charge with severe legal penalties. South Carolina criminal defense attorney Michael Sahn explains how attempted murder is investigated, charged, and punished in South Carolina.

Attempted murder is among the most serious felonies that you can be charged with in South Carolina. This criminal charge is reserved for cases in which a credible threat or a genuine attempt was made to kill someone, but there is still a great deal of nuance in how attempted murder can be charged and the possible penalties you might end up facing.

When investigating an attempted murder, the vast majority of the time, the police have a pretty good idea of who is responsible. But even in the few circumstances where they do not, law enforcement will always be motivated by the need to prove the essential elements of any attempted murder charge. As a result, what the police are looking for, in terms of evidence, is inherently tied to the nature of the charge.

What Are The Key Elements Of An Attempted Murder Charge In South Carolina?

In order to convict you of attempted murder in South Carolina, the state needs to prove three things.

1. First, that you tried to kill someone, a genuine attempt must have been made, such as injuring them or firing a deadly weapon at them.
2. Second, that you intended to kill the person. This is harder to prove, though the state will often be able to infer it from evidence about your motive or behavior.
3. Third, that you acted with the intent to cause harm. This is called malicious aforethought, and it means that you planned or thought through the attempt in advance. A spontaneous action will not be judged as harshly.

Without any one of these elements, law enforcement will be unable to convict you, and will have to settle for a lesser charge.

For example, without the attempt to kill, they might only be able to charge you with conspiracy to commit murder. Without the intent to kill or cause harm, they might have to settle for aggravated assault or attempted manslaughter.

What Evidence Will The Police Try To Gather When Investigating An Attempted Murder?

Due to the need to charge based on both the act and the intent, the police will always be on the lookout for evidence that helps them demonstrate intent and motive.

Some possible sources of evidence for this could include:

• Your own words (always be careful what you say when speaking with the police, and bring a lawyer when being questioned).
• The testimony of any witnesses (including the victim) or accomplices (who may be offered a lesser sentence for throwing you under the bus),
• Diary entries (never write down that you plan or wish to hurt or kill someone)
• Your internet search history may be used (and no clearing it will not suffice against the might of law enforcement’s digital forensic investigators)
• Past purchases connected to the attack (such as a weapon).

Obviously, a single piece of evidence might not be sufficient or could be dismissed as circumstantial. As a result, what the police are really looking to find are multiple pieces of evidence that work together to paint a clear picture of your intent (this is sometimes called a preponderance of evidence). And if that intent is to kill, and an attempt was made, even if no harm was caused, you could be charged with attempted murder.

What Will I Be Charged With For An Attempted Murder In South Carolina?

While the basic elements of an attempted murder charge are clear, there is a lot of legal nuance available to the prosecution (and your defense lawyer) when it comes to your exact criminal charge, depending on the circumstances. These charges usually vary with similar differences in murder charges.

For example, for a premeditated attempt to kill someone, you might be charged with attempted murder in the first degree. The punishment for which is up to 30 years in prison.

Some murders are also considered more serious than others, for example, those of police officers or children, and are considered to be capital offenses in South Carolina, meaning they carry the possibility of the death penalty. The attempt of such a murder is also considered more severe as a result.

If an actual injury was caused in the act the police have decided was an attempted murder, you might be charged with assault and battery with the intent to kill, which is another felony.

In general, the different circumstances can be broken down into aggravating factors, which law enforcement can use to charge you with a more serious crime or demand a more serious penalty, and mitigating factors, which can be used by your defense lawyer to request a lesser charge or less severe penalty.

Attorney Michael Sahn is a caring criminal defense attorney serving South Carolina. For over 15 years, he’s helped clients just like you understand their rights, fight underage alcohol possession charges, and get the best possible results for his clients.

Have questions, or in need of quality legal representation? Reach out to Sahn Law Firm at (843) 856-2222 for a free initial consultation today.

What Aggravating Factors Can Be Added To An Attempted Murder Charge In South Carolina?

In South Carolina, several circumstances or details of the case can lead to law enforcement requesting a more severe punishment or charge in attempted murder cases, including:

• The use of a firearm,
• A young or vulnerable victim,
• The endangerment of others, especially children,
• A sexual nature to the act or intent,
• The attempt or successful completion of another crime in connection with the attempted murder,
• You have relevant prior convictions, such as for murder or attempted murder.

This is not, by any means, an exhaustive list, but it should give you an idea of what circumstances can make your charge and/or sentence worse in South Carolina.

What Mitigating Factors Can A South Carolina Defense Lawyer Use To Limit Attempted Murder Penalties?

Like the factors and circumstances that can make an attempted murder charge more serious, there are certain things a defense attorney can bring up in your favor when you are facing such charges, including if:

• You have no history of using violence and/or weapons or of causing harm to others.
• You were mentally or emotionally disturbed (and a psychologist can back that up).
• You were provoked or defending yourself.
• You were under 18 at the time of the crime.
• The alleged victim consented.
• You were acting under duress and being forced to commit the murder.
• You are deemed mentally disabled or unable to understand the act or its gravity.

More than one of these circumstances can apply, and they are just a portion of possible mitigating factors. It is your defense attorney’s job to determine all of those that apply and argue for them during negotiations with the prosecution and before a jury in court to ensure you do the least time possible, even if you are convicted.

Investigated For Attempted Murder In South Carolina? Call An Experienced Criminal Defense Attorney ASAP

It is never too early to call a skilled defense attorney. You do not need to wait to be arrested or charged to call us. If you believe you might be under investigation for attempted murder or believe you may be suspected of one, call a defense lawyer right away.

In Charleston, South Carolina, defense attorney Michael Sahn has extensive experience defending those charged or arrested for all kinds of violent crimes and serious felonies, including attempted murder. Call (843) 856-2222 now to get in touch or request a free consultation online, the earlier you do, the more we can do to help your case and defense.

Attorney Michael Sahn is a caring criminal defense attorney serving South Carolina. For over 15 years, he’s helped clients just like you understand their rights, fight underage alcohol possession charges, and get the best possible results for his clients.

Have questions, or in need of quality legal representation? Reach out to Sahn Law Firm at (843) 856-2222 for a free initial consultation today.