Overview
What to Expect in South Carolina If You’re Arrested for a Violent Crime
Being arrested for a violent crime in South Carolina is an extremely serious event. Violent
crimes such as assault and battery (especially of a high and aggravated nature), armed
robbery, domestic violence of a high and aggravated nature (DVHAN), attempted murder,
kidnapping, or murder carry heavy penalties, including long prison sentences, “no
parole” requirements for many offenses, and lifelong collateral consequences.
Understanding the process can help you stay calm and protect your rights.
The Arrest
Law enforcement must have probable cause to arrest you. This can come from witnessing
the act, victim/witness statements, or evidence linking you to the crime. For some violent
offenses, officers can arrest without a warrant if they have probable cause
Once arrested:
- You will be read your Miranda rights.
- You will be handcuffed, searched, and transported to a county detention center.
- Do not resist arrest, even if you feel it is wrongful—this can lead to additional charges.
- Remain silent. Politely invoke your right to an attorney from the Roach Law Firm and say nothing else. Anything you say can be used against you.
Booking Process
At the jail, you will be:
- Pat-searched for weapons or contraband.
- Fingerprinted and photographed (mugshot).
- Have your personal property inventoried and stored.
- Issued jail clothing and a wristband.
- Held until your bond hearing
Bond Hearing
You are generally entitled to a bond hearing within 24 hours of arrest. A magistrate judge
decides whether to release you and under what conditions. Factors include:
- Seriousness of the charge
- Whether you are a danger to the community or a flight risk
- Criminal history
- Strength of the evidence
For the most serious violent crimes (e.g., murder), bond may be denied or set very high.
Magistrates can deny bond for many violent offenses listed in SC Code §16-1-60.
If released, conditions may include no contact with the victim, electronic monitoring, or
drug testing.
Court Process
Violent crime cases are typically handled in General Sessions Court (Circuit
Court).
Common steps include:
- Preliminary Hearing (request within 10 days of bond hearing): Challenge whether probable cause exists.
- Arraignment: Formal charges are read; you usually plead “not guilty.”
- Discovery and Motions: Your attorney at Roach Law Firm reviews evidence, files suppression motions (e.g., illegal search), and negotiates with the solicitor.
- Trial or Plea: Most cases resolve with a plea agreement. Trials involve jury selection, evidence presentation, and verdict
These cases can take months to over a year to resolve.
Penalties for Violent CrimesSouth Carolina defines many offenses as “violent crimes”
under §16-1-60. Convictions often require serving at least one-third of the sentence before
parole eligibility, and many are “85%” or “no-parole” offenses
Examples (penalties vary by specifics and priors):
- Assault and Battery 3rd Degree: Misdemeanor — up to 30 days and/or $500 fine.
- Assault and Battery 2nd Degree: Up to 3 years and/or $2,500.
- Assault and Battery of a High and Aggravated Nature (ABHAN): Up to 20 years.
- First-Degree Assault and Battery / DVHAN: Felony, up to 10–20 years.
- Armed Robbery / Attempted Murder: Up to 30 years (often no probation).
- Murder: 30 years to life (or death penalty in aggravated cases).
Additional consequences:
- Loss of firearm rights
- No-contact orders
- Sex offender registration (for sexual offenses)
- Difficulty with employment, housing, and professional licenses
- Dramatically higher insurance rates
Important Advice: Contact an experienced South Carolina criminal defense attorney immediately at Roach
Law Firm.
We can:
- Attend the bond hearing
- Investigate the case
- Challenge evidence or identifications
- Negotiate reduced charges or diversion (where available)
- Early intervention is critical in violent crime cases.
Final Thoughts
The best way to avoid these consequences is to never engage in violent behavior. If
arrested, stay calm, exercise your right to remain silent, and get legal representation from
the Roach Law Firm right away. Outcomes depend heavily on the facts of your case, your
background, and how quickly you act.
Common Questions
DUI Defense FAQ
Quick answers to questions we hear most but every case is unique. Contact us for an assessment
specific to your situation.
Can I get bond if I'm charged with a violent crime?
In most cases, yes you’re generally entitled to a bond hearing within 24 hours. However, for the most serious charges like murder, a magistrate can deny bond outright under S.C. Code §16-1-60, and even where bond is granted, conditions often include no contact with the alleged victim or electronic monitoring.
What does it mean if a charge is a "no-parole" or "85%" offense?
South Carolina requires many violent crime convictions to be served almost in full before parole eligibility either at least one-third of the sentence, or up to 85% depending on the offense. This is different from many other felonies, where parole eligibility comes much sooner, which is part of why early legal intervention matters so much in these cases.
How long does a violent crime case typically take to resolve?
These cases move through General Sessions Court and can take anywhere from several months to over a year, depending on the complexity of the evidence, whether pretrial motions are filed, and whether the case goes to trial or resolves with a plea. Your attorney can give you a more specific timeline once they’ve reviewed the charge and evidence against you.
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