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Category Archive
Criminal Defense
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Defending Against Charges of Alcohol-Related Crimes

South Carolina’s penal code includes a variety of crimes that relate to the possession or use of alcohol. These alcohol-related crimes are strict-liability offenses. They do not require proof that the accused intended to break the law. The act itself is enough to support a conviction. However, in many cases there are viable defenses. These Read More

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South Carolina Assault Crimes and Defenses

The South Carolina penal code punishes a range of violent conduct known collectively as assault and battery. A victim need not have suffered actual harm for these crimes to have occurred. Assault and battery charges can be brought against someone who threatens to inflict bodily injury on another person with the apparent ability to do Read More

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Asserting Lack of Intent as a Defense to Murder

Murder is the most serious crime in any society and the one carrying the greatest potential punishment. In South Carolina, murder means the killing of another human being with malice aforethought — that is, with intent to kill or with depraved indifference to human life. Conversely, lack of malice is a defense to the crime. Read More

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Defense Against Prescription Drug Charges in SC

Illegal possession or use of prescription drugs is a serious crime in South Carolina. Some people mistakenly believe that prescriptions are just a technicality so they simply do not follow the laws. However, mere possession of commonly used drugs without the required prescription can land someone in prison for two years as a first-time offender. Read More

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Does South Carolina Have Mandatory Minimum Sentences for Drug Offenses?

Most drug crimes in South Carolina carry mandatory minimum sentences, despite recent legislative efforts to relax the law. In April 2021, the South Carolina House passed a bill that would eliminate mandatory minimum sentences and reduce the amount of time drug offenders would need to serve. However, since then, the bill has been stalled in Read More

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The Five Most Common White Collar Crimes

White-collar crimes are non-violent offenses committed for financial gain. They generally involve fraud, misrepresentation and/or misuse of computer and communications technology. Investigations of suspected crimes are typically wide-ranging and may implicate a host of individuals at private or public organizations, from administrative assistants to executives and directors. Depending on the situation, white collar criminal charges Read More

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Raising the Castle Doctrine Defense in Homicide Cases

The castle doctrine is a law based on the idea that “your home is your castle.” It provides that people should be allowed to use force — including deadly force when warranted — to defend themselves against attacks or intrusions in their home. The doctrine thus can be a valid defense in a murder prosecution. Read More

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With SC Hate Crimes at New Levels, FBI Launches Stepped Up Reporting Campaigns

Hate crimes — those motivated by prejudice against the victim’s race, color, national origin, religion, gender, sexual preference, gender identity or disability — have been increasing in frequency in South Carolina. The state currently has no law criminalizing these offenses, but federal authorities are taking more aggressive action to prosecute them under U.S. law. One Read More

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Slew of Arrests Underscores South Carolina’s Targeting of Online Sex Crimes

Law enforcement agencies in South Carolina are focusing increased attention and investigative muscle on alleged child predators. Multiple arrests have been made as part of a multistate sting called Operation Home Alone. In this effort, involving federal, state and local law enforcement, deputies pretend to be underage teenagers using the internet. After an allegedly sexually Read More

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South Carolina Murders Are on the Rise and They’re Highly Personal

A recent report on crime in South Carolina paints a troubling mixed picture. Though violent crimes in the state have decreased over the past decade, the murder rate has shot up. The 2018 Crime in South Carolina Book reports that murders increased by nearly 24 percent, from 317 in 2009 to 393 in 2018. What’s Read More

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Jack Swerling In The News >>

  • Jack Swerling, Derrick Mobley and Alissa Wilson were successful in having a Judge rule after an extensive hearing, that the defendant was immune from prosecution based on the “Stand Your Ground” law in a murder prosecution. The Judgment was handed down on March 29, 2021.
  • Jack Swerling, Gregory Harris and Alissa Wilson obtained a Not Guilty Verdict in Lexington County on March 3, 2022. An Orthopedic Surgeon was charged with Involuntary Manslaughter in the accidental shooting death of a friend.
  • “When Jack is on my docket, I tell my law clerks, ‘You do not want to miss this. You are seeing one of the greatest trial lawyers in the state’s history.'” -South Carolina Circuit Court Judge
  • Jack was selected to Super Lawyers Magazine Top Ten List for 2019. Each year Super Lawyers recognizes the top lawyers in South Carolina via a selection process involving peer evaluations, independent research and professional achievement. The South Carolina lawyers who receive the highest points during this selection process are further recognized in the South Carolina Super Lawyers Top Ten List.
  • USA v. FRANK*: In a child pornography case, Swerling was successful in obtaining a 22 level variance reducing the defendant’s sentence from 8 years to 6 months.
  • STATE v. BORIS: The defendant was found not guilty by reason of insanity in a case where the defendant was involved in a shoot-out with 3 police officers.
  • STATE v. TYGER: Jack Swerling obtains a not guilty verdict in a criminal sexual conduct case in Beaufort County.
  • Pre Trial Dispositions: STATE v. DWAYNE: Mr. Swerling successfully argued for the dismissal of stalking and unlawful use of telephone charges brought against a prominent businessman in Florence County.
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