Skilled Legal Counsel Against Murder Charges
If you or someone you love is facing a murder – or homicide – charge, you recognize the serious nature of the situation. Murder charges carry long prison sentences that include life without the possibility of parole or even – under extreme circumstances – a death sentence. Murder, however, is a complicated charge that holds the state to strict standards, and the strongest defense begins by reaching out for the skilled legal counsel of an experienced criminal defense law firm.
The Charge of Murder
For the charge of murder to apply in South Carolina, the state must prove that you intentionally killed another person with what is called _malice aforethought*. Malice in this context means that the defendant willfully or intentionally engaged in the wrongful act of murder without just cause or excuse. On the other hand, aforethought means that the defendant established their intent ahead of time – or that the act wasn’t committed in the heat of passion. It’s important to note here that proving someone’s intention and when they decide to follow through with it can be exceptionally difficult.
Malice Aforethought
The malice aforethought is often referred to as premeditation – in a murder charge, it must be either express or implied, which means that it can either be directly proven or implied from the defendant’s actions and the available evidence. For example, if the defendant mapped out their plan to kill another person, wrote it down on paper, and shared their intention with others, their malice aforethought is expressed. If, however, their actions leading up to the murder spell out intent, their malice aforethought may be implied, which can be much more challenging to prove beyond a reasonable doubt.
Was the Act Premeditated?
Many people mistakenly believe that to prove malice aforethought or premeditation, a significant amount of time must have elapsed from the moment of hatching a plan to committing the act, but this isn’t the case. Under the right circumstances, Malice aforethought can be established instantly. For example, a defendant who sees an opportunity plans at the moment and goes for it has intent. However, proving what’s going on in a defendant’s mind is no easy task.
Manslaughter Charges
South Carolina also has manslaughter charges that cover the unlawful killing of someone else but without the malice aforethought required for murder charges to apply. These charges come in two distinct forms that include:
- Voluntary manslaughter refers to killing another person in the heat of passion and involves the victim provoking the defendant in some way – thereby eliminating the element of premeditation. Convictions carry up to 30 years in prison.
- Involuntary manslaughter refers to killing another person because of recklessness, gross negligence, or having a serious disregard for the other person’s safety, and it carries a prison sentence of up to five years.
Our Murder Defense Law Firm Will Fiercely Advocate for You
The Law Office of Mo Abusaft’s focus is zealously defending the legal rights of those facing serious criminal charges, including murder. We recognize exactly how important your case is to your future, and we’re committed to building your strongest defense in pursuit of your case’s best outcome. Learn more by contacting us online or calling 864-606-8941 today.