Monday, August 20, 2012

South Carolina man shot in face after botched robbery

On behalf of Anderson Law Firm posted in Criminal Defense on Monday, May 14, 2012

Conway, South Carolina, police are searching for two individuals they believe are responsible for an attempted robbery that ended in the homeowner being shot in the face. The victim claims that one of the suspects had a gun and shot him twice, once in the leg and once in the face. The suspects fled after the shooting. Police brought in bloodhounds to aid in the search and have a description of one of the suspects.

Violent crimes like this are likely to bring felony charges. Felony charges, especially for violent crimes, carry harsher penalties than other crimes. Under South Carolina law, violent criminal offenders must serve at least 85 percent of their sentence. Jail or prison sentences are likely to be longer, fines are greater and the permanent mark on people's record can scar their lives forever.

The severity of a violent crime conviction requires an accused to have a competent, experienced defense team. Only then can the accused be assured that the issue will result in dismissed charges, a decreased sentence or reduced charges.

A criminal conviction requires proof beyond a reasonable doubt which can be challenged in a couple of ways.

One way to do this presents itself in the recent Conway case. Here, a defense attorney would challenge the description of the suspect. In many instances, victims and witnesses of violent crimes are excited, stressed and scared. These circumstances can lead to false descriptions and, if an arrest is made, misidentifications.

No one should face severe punishment for a violent crime conviction because of mistakes made by faulty witnesses.

Challenges may also be brought against ballistics, fingerprints, DNA evidence and other witness testimony. Only when all elements of a crime have been fully established should the fullest punishment be handed down. This happens in very few cases.

Source: SCNOW.com, "Police: Conway man shot in face during robbery," Julie Roy, May 9, 2012

Tags: Criminal defense

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