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Category Archive
Criminal Defense
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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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What is Breach of Trust With Fraudulent Intent in South Carolina?

Breach of trust with fraudulent intent occurs when one person is entrusted with another person’s money or property, but intentionally converts those assets to their own personal use or benefit. The act is commonly known as embezzlement in other states and is considered criminal offense in South Carolina. This form of white collar crime can Read More

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What Crimes Are Sex Offenses in South Carolina?

Punishments for sex crimes are typically harsh in South Carolina, with some of these offenses carrying sentences on par with those given for crimes like manslaughter or attempted murder. However, “sex crimes” is a broad term that could refer to a misdemeanor or a felony, including anything from indecent exposure to bigamy to rape. Sex Read More

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How Can Someone Be Punished if They Violate a COVID-19 Stay at Home Order?

Across the country, stay-at-home orders have strained law enforcement and tested how far states and municipalities are willing to go to enforce the orders. These directives have triggered controversy and confusion, as standards sometimes differ from town to town or county to county. In certain instances, people who have violated government edicts designed to reduce Read More

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South Carolina Lawmakers Aim to Legalize Medical Marijuana in 2020

Following years of debate and advocacy on both sides of the issue, South Carolina legislators may soon allow individuals with debilitating medical conditions to possess and use marijuana. A bill first introduced in 2017 has gained support from Republican and Democrat lawmakers alike. Though it stalled during the 2019 legislative session, Forbes has gone so Read More

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How Does South Carolina’s Three Strikes Law Work?

How Does South Carolina’s Three Strikes Law Work? If you’ve been charged with a crime in South Carolina, it’s vital to understand the state’s sentencing scheme. South Carolina is one of the few states to have both a two-strikes and three-strikes law on the books, imposing particularly harsh punishments for repeat offenders. How does the Read More

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South Carolina Legislators Poised To Pass New Hate-Crime Bill

In a bipartisan effort, South Carolina lawmakers are looking to pass a law that could result in more severe punishments for committing a crime that singles out victims based on membership in certain protected classes. If the law is enacted, South Carolina would join 46 other states that have adopted similar measures. The hate crimes Read More

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  • Columbia Office
    1720 Main St
    #301
    Columbia, South Carolina 29201-2850
    Phone: (803) 765-2626
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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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