Any crime for which you are arrested and charged is a serious matter. If convicted, you may be facing heavy fines, the loss of your freedoms through mandatory jail time, and irreparable damage to your record. Crimes are typically classified into two distinct categories: violent and nonviolent offenses . The differences between these two categories may seem obvious to the average person, but each has the potential for vastly different consequences and long-term repercussions.
Determining Violent Versus Nonviolent Crimes
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Under Title 18, Section 16 of the United States Code of Laws, a violent crime is defined as an offense in which violence, or the threat of physical force, was used or was attempted or threatened to be used against another person or their property in the course of committing a crime. Under the South Carolina Code of Laws, Section 16-1-60, a violent crime is defined as a specific type of crime committed. The list of what is considered a violent crime in South Carolina is a long one, and includes the following:
- Murder and attempted murder;
- Assault and battery of a high and aggravated nature or with intent to kill;
- Criminal sexual conduct in the first or second degree;
- Kidnapping;
- Trafficking in persons;
- Arson;
- Attempted armed robbery;
- Drug manufacture and trafficking;
- Criminal domestic violence; and
- Sexual exploitation of a minor.
Under South Carolina law, any crime not specifically outlined under Section 16-1-60 is considered not to be a violent crime.
Punishments for Violent Versus Nonviolent Crimes
While punishments for violent and nonviolent offense can both be severe, there are major differences that can end up having an enormous impact on your life and your personal liberty. When dealing with violent crime, the charges are generally more serious, and there are not opportunities to reduce or eliminate the conviction as there are for non-violent matters. The differences between violent and nonviolent crimes include the following:
- Under S.C. Code Section 16-1-130 , violent offenders are not eligible for pretrial diversion programs;
- Sentencing recommendations for violent offenders are generally less lenient;
- Violent offenders typically have to do more of their actual jail time before being eligible for parole; and
- A prior history of violent offenses can have a detrimental impact on your current case, whether it is for a violent offense of not.
Contact an Experienced Criminal Defense Attorney Today
If you are facing criminal charges, contact an experienced South Carolina criminal defense attorney today. Greenville attorney Lauren M. Taylor will help you determine the evidence against you, and provide the aggressive legal representation you need. Our office has experience handling a multitude of serious criminal matters, and can strategize the best course of defense in your particular case. Contact our attorney to discuss your case. Our office serves all of Upstate South Carolina, so call us today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.