Criminal Charges FAQs
If you’re facing a criminal charge, you have questions that need answering. And the answers to some of the questions we frequently field can help. While your case will be unique to your situation and the specific circumstances that apply, it’s a good idea to understand the charge you face. One of the most essential steps anyone in your situation can take is to consult with an experienced South Carolina criminal defense attorney as soon as possible.
My BAC was below the legal limit. Can I still be charged?
Yes, even if your blood alcohol concentration (BAC) doesn’t reach the legal limit of .08 percent, you can still face a DUI charge. If the police have reason to believe that your consumption of alcohol affected your ability to drive safely, which is a relatively low bar, you could face a DUI charge.
Does the charge of domestic violence apply to my situation?
For the charge of domestic violence to be applied, both of the following elements must be proven:
- You have a close relationship with the person who has accused you of domestic violence. This can mean living together or being married to one another – currently or in the past – or can mean parenting a child together.
- You caused your accuser to suffer an injury or threatened them to the degree that they credibly believed you would injure them.
What is the charge of sexual assault in South Carolina?
In South Carolina, sexual assault refers to touching someone else in a private area without their consent when the intent of the accused is lustful, lewd, or lascivious in nature and when doing so causes the victim to suffer unlawful injury. Unlike rape, however, sexual penetration is not a factor.
What is sexual exploitation?
Sexual exploitation refers to the sexual exploitation of a minor, and it relates to child pornography – or child sexual abuse material (CSAM) – charges. The crime breaks down into different degrees that begin with possessing child pornography and build to sharing it and manufacturing or selling it.
How are drug crimes classified in South Carolina?
Drug crimes are classified according to possession, manufacture, and distribution charges. The drug schedule and the amount of the drug involved determine the severity of the charge.
Is recreational marijuana legal in South Carolina?
No, recreational marijuana isn’t legal in South Carolina. If you’re charged with simple possession of less than an ounce, you’re facing a misdemeanor that could potentially land you in jail for 30 days.
What is a white-collar crime?
A white-collar crime is a financial crime generally perpetrated by someone who has a job involving financial responsibility. It is a matter of fraud or deceit rather than of the violence associated with burglary.
You Can Trust an Experienced South Carolina Criminal Defense Lawyer to Help
The trustworthy South Carolina criminal defense attorneys at Beasley Tomlinson Law are standing by to address your questions and skillfully protect your legal rights knowledgeably. You can find us at 12 Whitsett Street, Greenville, SC 29601 – proudly serving all of Greenville, Spartanburg, Mauldin, Easley, Simpsonville, Pickens, Greer, and Duncan – as well as Greenville County, Spartanburg County, Pickens County, and Florence County. For more information, please call us at 864-775-5787 or online today.
