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Two Arrested After Leslie-Mart Attack

Two men told police they were “set up” and “attacked” over the weekend at the Leslie-Mart in Rock Hill, according to a report from the York County Sheriff’s Office.   Police Car Closeup

One of the victims, a 47-year-old man from Rock Hill, was “bleeding profusely” when deputies arrived at the gas station around 9 p.m. Saturday, the report states.

He was attacked while sitting in his car, he told police. During a “scuffle,” the attacker “stepped on the gas and set the car in motion,” the report states.

Deputies subsequently found the car wrecked, 200 feet away from the gas station pumps, according to the report. The car had collided with a power pole.  A 24-year-old witness to told deputies that he and the injured man were at the Leslie Mart to pick up a female friend who had a fight with her significant other.  The friend, however, never showed up.

Police have charged a 24-year-old woman and a 25-year-old man with attempted armed robbery and criminal conspiracy in connection with the incident, the report states.  The woman charged is the friend the witness was attempting to meet at the Lesslie Mart.  The man and woman were arrested at the Leslie Inn, about 1,000 feet away from the gas station, the report states. They are each being held at the Moss Justice Detention Center on $19,000 bonds.

If you have been charged with a crime in South Carolina such as larceny, burglary, or robbery, call the law offices of Reeves, Aiken & Hightower, LLP.  We have years of experience in defending those charged with criminal offenses, and would be happy to assist you.  For a consultation, call our Baxter  Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999

 

Five Men Arrested in Rock Hill Home Invasion

logoFive men are accused of burglarizing a Rock Hill home Friday night and holding its residents at gunpoint, according to Rock Hill police.

Officers were called to the Cedar Grove Lane home after the burglars fled the scene around 9:44 p.m., said police spokesman.

The burglarized home is near Oakwood Acres Park, close to the intersection of Cherry Road and Mt. Gallant Road.  The residents told police that five people entered their home and demanded money and other valuable items from the victims. The defendants then finished ransacking the home, and fled from the scene of the crime.

Rock Hill’s K-9 unit was able to track the intruders and  subsequently arrested the five suspects for the home invasion.

Luckily, no one was injured during the incident.

Any criminal charge is a serious matter for anyone.  If you or someone you know has criminal charges being brought against them, contact the law offices of Reeves, Aiken, and Hightower, LLP to consult with one of our criminal attorneys.  Our criminal attorneys handle many types of criminal cases in North and South Carolina and want to help you or someone you know with his/her criminal charges.  We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.

South Carolina Law Hypothetical: Bank Robbery and Accessory After the Fact

Hypothetical: Gerald and Dave planned to rob a bank in York County, South Carolina.  Gerald was to go inside with a gun, get the money, and return to the car.  Dave was to be the driver of the getaway car.  The robbery was carried out as planned; Gerald and Dave left the scene without being apprehended.  Thereafter, they decide to hideout in Lancaster, SC.  Gerald stayed with Delia, who knew that Gerald and Dave had completed their activity at the bank.  Nevertheless, she made no effort to notify the police.  She also told Gerald that he could use her car if he wanted to go anywhere.  Dave stayed with his mother who also knew the robbery had been committed, but she too made no attempt to notify the police.

  1. Can Dave be convicted as a principal in the crime of robbery?

Yes, the defendant can be convicted of robbery as a principal

Under South Carolina law, a principal to a crime is any person who has the specific intent to commit a crime and engages in any act necessary to accomplish that crime.  Unlike the common law rule, a principal is a person who instigates, encourages, or participates in the commission of the crime in any way.  The common law distinctions between the various degrees of accessories have been abolished in South Carolina, and every party to the crime is treated as a principal.  Every conspirator to a crime, who does not withdraw from its commission, is treated as a principal.

In this problem, Gerald and Dave entered into a conspiracy to rob a York County bank.  Pursuant to the plan, Dave was designated to drive the getaway car after the robbery was committed, while Gerald actually carried out the robbery.  After the robbery, Dave drove Gerald away.  These acts were part and parcel of the plan to rob the bank.  When committed, each participant in the crime is treated as a principal.  On these facts, Dave can be convicted as a principal in the robbery.

  1. Can Delia, or Dave’s mother be convicted of being an accessory after the fact

No, neither Delia nor the mother can be convicted of being an accessory after the fact.

Pursuant to South Carolina law, an accessory after the fact is any person who: (i) has knowledge that the principal has committed a crime; and (ii) knowingly gives personal assistance in escaping or attempting to escape detection, arrest, or punishment.  Mere knowledge is not sufficient to support a conviction as an accessory after the fact; nor can a person be convicted because the crime is not reported to the police.

The facts presented in the problem show that Delia, and Dave’s mother both knew that the two principals had committed the robbery.  Neither reported the crime to the police, but such reporting is not required, and the failure to do so does not make the person an accessory after the fact.  Both had knowledge of the facts, but neither did anything to assist the two avoid detection, arrest, or punishment.  This is the case even if Delia offered Gerald the use of her car if he wanted to go anywhere.  No facts illustrated that her car was used as assistance in avoiding the detection, arrest, or punishment of Gerald.  This offer to allow Gerald to use her car was not sufficient to turn Delia into an accessory after the fact.

If you or a loved one has been charged as an accessory before or after the fact of a crime, the law can get very complicated.  This is why it is so important to have adequate representation.  Call the law offices of Reeves, Aiken & Hightower, LLP if you have been charged as an accessory to a criminal offense.  For a consultation call us at our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.

South Carolina Petit Larceny v. Grand Larceny

A 27-year-old Effingham, South Carolina man is being charged with Grand Larceny after he allegedly stole golf cart parts, which are valued at more than $10,000.  He took the parts from a business on West Palmetto Street.  The man was placed in the Florence County Detention Center on a $20,000 bond.

Petty Larceny v. Grand Larceny in South Carolina

SECTION 16-13-30. Petit larceny; grand larceny

(A)  simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed, or of any fixture, part, or product of the soil severed from the soil by an unlawful act, or has a value of two thousand dollars or less, is petit larceny, a misdemeanor, triable in the magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65.  Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days.

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Ladson Man Charged with Armed Robbery: Theft Crimes in South Carolina

A Ladson man is being charged with several charges after he allegedly attacked an acquaintance held her against her will and forced her to take $500 from an ATM last month, according to South Carolina deputies.  The 32-year-old man is charged with criminal domestic violence of a high and aggravated nature, armed robbery, kidnapping and assault and battery third degree.

The police were told by the victim that she gave the man a ride, and when the man entered the car, she reported that he began punching her, thereafter forcing her to drive to an ATM.  He then had her drive him to a fast food restaurant where he ran from the car.  The woman alleges that the man also threatened to kill her.  The man was arrested the next day when the police found him in a motel.

Robbery is a crime that can be classified as larceny by force or by threat of force.  It’s a type of theft distinguished by the use of force, intimidation, and/or violence to seize someone else’s property.  Robbery can include the use of force or intimidation and all the elements of the crime of larceny.  Further, armed robbery refers to a specific type of robbery that involves the use of a weapon, a replica of a weapon, or the pretense of having a weapon.  The most serious form of robbery is armed robbery because it involves the use of a weapon.

Our law firm, the law offices of Reeves, Aiken & Hightower, LLP is familiar with the sentencing range for all theft crimes, including armed robbery, which is the most serious.  We make it our goal to do everything we can to protect a defendant’s rights through the legal process.  Therefore, if you or a loved one has been charged with robbery, armed robbery, larceny, or any other property crime, call the law offices of Reeves, Aiken & Hightower, LLP at 803-548-4444, or toll-free at 877-374-5999.

Lancaster Man Apprehended In Applebee’s Robbery: Common Law v. Armed Robbery

Lancaster, South Carolina authorities have made an arrest regarding the overnight armed robbery that occurred at an Applebee’s restaurant on Highway 9 West.  This occurred just before closing time at the restaurant when a masked gunman entered the restaurant and demanded money.

An arrest warrant was issued for the man, who authorities believe was not working alone in the robbery.  They believe he was working with accomplices.  It has not been reported how much money was taken, and no injuries are reported.

Armed Robbery occurs when a person uses a deadly weapon during the course of a robbery, or even when they pretend to use a weapon.  For example, a plastic gun would qualify as armed robbery.  In South Carolina, armed robbery is punishable by a mandatory minimum sentence of 10 years and up to 30 years in prison.  Further, parole cannot be granted until at least 7 years has been served.

Common law robbery, on the other hand, occurs when there is no deadly weapon used during the robbery.  If a jury finds that the element of the use of a deadly weapon has not been proven, the defendant can be found guilty of strong armed robbery instead of armed robbery.  This is punishable by up to 15 years in prison, and does not have a minimum mandatory sentence.

These distinctions are why it is so important for someone who is charged with robbery to retain a competent attorney who knows the distinctions.  If you or someone you know has been charged with Armed Robbery, or Common Law Robbery, call the law offices of Reeves, Aiken & Hightower, LLP at 803-548-4444, or toll free at 877-374-5999.