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Attempted Murder

Seasoned Criminal Attorney Defends Against South Carolina Attempted Murder Charges

Experienced Columbia lawyer provides effective assistance at all stages of case

South Carolina attempted murder charges carry potentially dire consequences. You can go to prison for decades, with almost no chance of being released before the end of your sentence. If you find yourself facing that prospect, Jack B. Swerling, Attorney at Law, in Columbia has the skill and decades of experience that you need to put in the strongest defense possible.

What is attempted murder?

In South Carolina, the crime of attempted murder includes these elements:

  • An attempt to kill another person
  • An intent to kill
  • Malice aforethought (a preconceived motive to do harm)

Malice aforethought can be either express (with evidence of premeditation) or implied (from conduct showing a depraved indifference to human life).

The prosecutor must prove all three of these elements to gain a conviction. Mr. Swerling works zealously to challenge the evidence as to each element in order to expose all flaws in the state’s case.

South Carolina attempted murder charges

Depending on the circumstances, attempted murder charges may be classified by various degrees as follows:

  • Attempted capital murder, if it involves aggravating circumstances that would make a successful murder potentially punishable by death
  • Attempted first degree murder, if it was committed with premeditation
  • Attempted second degree murder, if it was committed with depraved indifference to life
  • Attempted murder with a deadly weapon
  • Assault and battery with intent to kill, if it resulted in an injury

As a seasoned South Carolina criminal defense attorney, Mr. Swerling can ably defend you against attempted murder charges of all degrees.

Potential prison sentence for attempted murder in South Carolina

Attempted murder is a felony for which you may be sentenced to up to 30 years in prison. Your sentence can’t be suspended, nor are you entitled to probation. The actual length of the sentence will be affected by any aggravating and mitigating factors the court considers. If you are charged with attempted murder, Mr. Swerling might be able to make a deal with the prosecutor in which you plead to a lesser charge. If not, you will go to trial, which generally takes no more than a week. If you are convicted, Mr. Swerling will argue for the most lenient sentence the court might reasonably impose.

Attempted murder defense

There are several potential defenses that may apply in your case, such as these:

  • You did not intend to kill anyone
  • You did not act with malice aforethought, either express or implied
  • You did not take actions in furtherance of the alleged crime
  • You acted in self-defense
  • You couldn’t possibly have carried out the murder
  • You withdrew from the attempt to cause death

Mr. Swerling will aggressively pursue all defenses that could benefit your position, both before and during trial.

Does South Carolina have a statute of limitations for attempted murder?

South Carolina doesn’t have statutes of limitations for criminal prosecutions. Therefore, the prosecutor may charge you with attempted murder no matter how many years have passed since you allegedly committed the crime. If Mr. Swerling defends you from an attempted murder charge that is based on an incident that occurred long ago, he can emphasize the doubtfulness of the recollections of prosecution witnesses and call attention to the loss of any potentially exculpatory evidence.

Contact a dedicated South Carolina attempted murder defense attorney

Jack B. Swerling, Attorney at Law, in Columbia, understands the complexities of attempted murder charges and knows how to provide a strong defense. Call 800-701-0599 or contact him online for a consultation.

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    1720 Main St
    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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