Facing any criminal charge can be scary. If you or a loved one has been charged with a crime in South Carolina, you need a compassionate and experienced criminal defense attorney on your side. At Wilson Law Group, we have more than 40 years of experience putting our client’s needs first.
Whether you have been charged with a misdemeanor or a felony, your reputation and freedom are on the line. A criminal conviction at any level can have damaging impacts on your life, including a tarnished criminal record, financial consequences, and imprisonment. Do not take a gamble with your life; instead contact the Wilson Law Group for rigorous representation.
Violent vs. Non-violent Crimes
You can typically classify crimes into two categories: violent crimes and non-violent crimes.
Violent Crimes
Violent crimes include homicide, sexual assault, kidnapping, armed robbery, and arson.
Violent crimes are considered the most serious, and if you or a loved one has been charged with any of these violent crimes it is imperative you obtain representation by a criminal defense attorney.
In some instances, the mere threat of committing a violent crime can be considered a violent offense with serious consequences. The penalties of a conviction for a violent crime will be steep. In South Carolina you may face life in prison or even the death penalty for some crimes. At Wilson Law Group, every client deserves a thorough defense, especially when their life is on the line.
Criminal sexual conduct
Criminal sexual conduct or a sexual assault charge is a serious offense. Even if you are innocent, the mere accusation can have devastating consequences. If you have been accused of sexual misconduct of any kind, don’t wait to hire an experience criminal defense attorney. Your choice in representation can mean the difference in your freedom.
Assault & battery
Under South Carolina law, an individual commits assault and battery if they injure, or attempt to injure, another person and have the ability to do so. Assault and battery can be charged in the first, second, or third degree depending on the severity of the injuries. A conviction can range from 30 days in jail for a third degree offense all the way up to 20 years in prison if charged in the first degree with aggravated factors.
Non-Violent Crimes
White collar crimes
White collar crimes are non-violent crimes with financial motives. These include, among others:
- Bribery,
- Fraud (check, credit, and bank fraud),
- Embezzlement,
- Money laundering, and
- Tax evasion.
For the most part, white collar crimes are not violent in motive or nature. However, they still carry the potential for significant prison time, fines, restitution, and a stained criminal record. A white collar criminal defense attorney will be able to explain the particular charges against you and possible defenses you may have.
Drug crimes
In South Carolina, drug crimes are taken seriously by the police and prosecutors and should be taken just as seriously by anyone accused of one. The most common drug crimes include possession and intent to distribute. A drug conviction can have penalties just as serious as any other crime. Hiring an experienced drug crimes lawyer to defend you could mean the difference between jail time or just a fine. Let the Wilson Law Group fight for you.
South Carolina DUI Lawyer
South Carolina DUI law is complex with severe penalties. If you have been arrested and charged with a DUI offense, it is imperative to speak with a South Carolina DUI lawyer immediately. Certain aspects of DUI law can trigger very short appeal windows to avoid harsh penalties. Contact Wilson Law Group to get started on your defense today.
DUI vs. DUAC
DUI stands for driving under the influence or, in other words, driving while impaired.
As an alternative to a DUi charge, you can receive a DUAC charge in South Carolina for driving with unlawful alcohol concentration. Unlike DUI, you can face a DUAC charge even if your driving is not physically impaired so long as your blood alcohol concentration (BAC) is above the legal limit of .08.
A conviction for either may include:
- Driver’s license suspension,
- Possible jail time,
- Fines,
- Increased insurance premium, and
- Requirement to use an ignition interlock device.
Talking to an experienced South Carolina DUI lawyer right away can help you mitigate these harsh consequences.
What Is an Ignition Interlock Device?
An ignition interlock device (IID) is a device installed in your vehicle designed to test for the presence of alcohol in your breath. You will be required to blow into the device to start your car. If the device detects alcohol, your vehicle will not start. In South Carolina, IID’s are controlled by the South Carolina Department of Probation, Parole and Pardon Service. In 2014, Emma’s Law enhanced the usage of IID’s for DUI convictions. Now, even first-time offenders can be ordered to install an IID if their BAC was .15 or higher.
In certain instances, an IID can mean avoiding a full license suspension. This will allow you to still be able to drive under certain circumstances—for example, to commute to work or school.
DUI And CDL Holders
There are unique consequences of a DUI for a commercial driver’s license (CDL) holder.
Under South Carolina law, a CDL holder will be forbidden from driving a commercial vehicle for one year, if they:
- Are convicted of DUI while driving a commercial vehicle,
- Have a BAC is over .04%, or
- Refuse to submit to a breath test.
The most significant difference for a CDL holder is the BAC threshold is half that of a non-commercial driver.
What Is an Implied Consent Violation?
In South Carolina, you impliedly consent to a breathalyzer test by when you get a driver’s license. If you refuse a breathalyzer test, you can be charged with an implied consent violation. Upon arrest, your license will be suspended immediately. This is what is known as an administrative license suspension. You have the right to challenge this automatic suspension if you request an administrative hearing within 30 days from the date of your arrest.
The administrative hearing will be before a hearing officer rather than a judge or jury. The purpose of such a hearing is not to determine whether you are guilty of DUI but rather if the arrest was lawful and if the breathalyzer was properly administered. It is crucial to have a South Carolina DUI lawyer at your side during this hearing to ensure your rights are fully protected.
Experienced Criminal Defense Attorney in South Carolina
Whether you have been charged with a violent crime, non-violent crime, or DUI in South Carolina, you need an aggressive advocate. With more than three decades of combined experience, our dedicated attorneys stand ready to fight for your rights. Contact us at Wilson Law Group today for a free and confidential consultation.