Mar 20, 2013 | Burglary/Robbery/Larceny, Uncategorized
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.
Mar 20, 2013 | Homicide Defense, Uncategorized
A 34-year-old Bowman, South Carolina man has been arrested and charged in the stabbing death of his significant other. He is currently being charged with murder after police were called to a Branchville home to find the body of a 34-year-old woman.
The man is also being charged with animal cruelty; however, the details of that incident have not been released. Further, it has not been disclosed whether the man has retained the attorney.
Murder is the most serious crime that can be committed in South Carolina. There are various degrees one can be charged with, and it is essential that one understands the charges that can be brought against him or her. The following degrees of murder constitute what is recognized in the state of South Carolina:
– First Degree Murder
- This is committed with intent and malice aforethought (prior intent to kill). In order to receive a conviction for first degree murder, the prosecutor must prove premeditation and intent.
– Second Degree Murder
- This involves intent, but is not planned. The key for first degree murder is premeditation.
– Third Degree Murder
- Must be committed spontaneously and the offender is under extreme emotional stress at the time in question.
Lying in Wait – The offender must be waiting and watching with the intent of ambushing the victim. This is lying in wait and is deliberate and premeditated. There must be intentional bodily harm leading to a high probability of death and a total disregard for the value of human life in order to be deemed a murder while lying in wait. Malice Aforethought must also be successfully proven. These also qualify under first degree murder.
A murder conviction can adversely affect ones life such that, even if a person is not guilty, it can affect his/her reputation and ability to get employment. Further, being the most serious crime in South Carolina, a charge for murder can cause a person to spend the rest of his/her life in prison. If you or someone close to you has been charged with murder of any degree, call the law offices of Reeves, Aiken & Hightower, LLP. Contact our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or 877-374-5999 toll free.
Mar 19, 2013 | General, Personal Injury, Uncategorized
Being involved in any sort of serious accident can be both traumatic and stressful to all the parties involved. The injuries that follow the accident simply add to the anxiety.
What is even more stressful is the fact that there is a clock ticking for the amount of time that you have to file suit against your opponent whom you believe caused the accident.
In the legal profession, this “ticking clock” is commonly referred to as the “statute of limitations.” “Statutes of limitations” are essentially the laws that are set in place that set the time limit on how long you have to file a civil action ( such as a personal injury claim) or, how long the state has to prosecute someone who has allegedly committed a crime.
The time limits will vary depending on the state and the legal claim or crime that is involved. In the state of South Carolina, for example, you have three years to file a personal injury lawsuit.
But what does that mean from a general standpoint? There are a few key rules to keep in mind when determining if your clock is about to tick it’s last tock: (1) the time period begins to run or start on the date the incident occurs. In other words, the day you got into the car accident is the date in which you have three years to bring your personal injury suit in South Carolina, and (2) once your statute has “ran”, you can no longer file your claim, and the prosecution can not prosecute for a crime.
If you, or someone you know has been involved in any sort of car accident or other personal injury resulting in serious damages, do not wait to contact an attorney. Remember, the clock is ticking from the date of the accident, not from the date of recovery. In order to recover, a lawsuit must be filed within that 3 year time limit. Let the experienced personal injury attorneys at Reeves, Aiken, and Hightower evaulate your claim today. Contact us at 803-548-4444 or toll free at 877-374-5999 for a free consultation.
Mar 19, 2013 | Burglary/Robbery/Larceny, Uncategorized
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.
Mar 19, 2013 | Burglary/Robbery/Larceny, Uncategorized
The Lancaster County, SC Sheriffs Office arrested a man who is alleged to be involved in a string of burglaries. He has been charged with 3 counts of Burglary in the 2nd degree and one count of receiving stolen goods. These burglaries occurred last summer.
On June 7th, 2012 the man broke into and entered into Deal One Auto located at 1381 W. Meeting St. and carried away property from the business. Two days later, the man broke into and entered into North Corner Grocery located at 3647 Charlotte Highway and carried property away from the business. The following day, June 10th, the man attempted to break and enter into the Stop and Shop on McIlwain Rd. When the deputies searched the man’s home, stolen property from all three locations was recovered.
He was charged with receipt of stolen goods after the man attempted to sell the goods on ebay. The man is currently incarcerated at the Lancaster County Detention Center.
Burglary in the first degree v. Burglary in the second degree
SECTION 16-11-311. Burglary; first degree
(A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, “life” means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years.
SECTION 16-11-312. Burglary; second degree.
(A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.
(B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:
(1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
(a) Is armed with a deadly weapon or explosive; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the use of a dangerous instrument; or
(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) The entering or remaining occurs in the nighttime.
(C) Burglary in the second degree is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence.
If you or a loved one has been charged with Burglary of the first or second degree, you are definitely facing jail time. This is why it is so important to get an attorney who is willing to fight for you. Call the law offices of Reeves, Aiken & Hightower, LLP at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.
Mar 19, 2013 | DUI & DWI, Felony DUI, Uncategorized
Boating under the influence of drugs or alcohol is a criminal offense in the state of South Carolina, and may be punishable of up to a $6000 fine, and/or up to three years imprisonment. Further, an operator may lose the privilege to operate for up to two years. Felony BUI penalties may carry penalties of up to a $25,000 fine, and as much as 25 years imprisonment. This is very similar to driving under the influence laws in the state of South Carolina.
The next condition one may have to fulfill when charged with BUI is the mandatory and successful completion of a South Carolina Boating Safety course and an Alcohol and Drug Safety Action course. These are required at the operator/violators expense.
Boating under the influence is similar to driving under the influence as to what is considered a BUI. BUI is defined as being under the influence of alcohol or drugs to the extent that you cannot operate in a safe manner. The state of South Carolina considers a blood alcohol concentration (BAC) of .08 or higher to be under the influence of alcohol. Further, if a person is under the age of 21, they may not operate the boat if they have a .02 concentration or over.
By boating on South Carolina waters, you are deemed to have consented to alcohol testing by the DNR. If you or a loved one has been charged with such an offense, contact the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can reach our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
