Questions About Stand Your Ground Hearings in SC? Don't Risk Your Rights by Being a Maverick. This section "identifies the circumstances for which a person may invoke the protection of the Act. " However, Stroud testified Boot and Petitioner were "staring each other down. "
And, if you are charged with murder, attempted murder, or assault, it might be easier for your defense lawyer to get your charges dismissed, win a "stand your ground hearing" before your trial, or win an acquittal at trial. The key to the successful assertion of a self-defense claim is reasonableness. Similar to the protection of persons in Subchapter C, protection of property includes your own as well as the property of another person. As part of our ongoing series of legal case updates, Collins and Lacy Vice President and Shareholder Attorney Christian Stegmaier reviews a case involving the use of stand your ground as a defense in civil cases involving third-party assault. Furthermore, there is undisputed, quantifiable evidence that Dickey could have easily retreated without incident. Call us at 888-230-1841 to start standing your ground. A person is justified in using deadly force in self-defense when: (1) The defendant was without fault in bringing on the difficulty; (2) The defendant... actually believed he was in imminent danger of losing his life or sustaining serious bodily injury, or he actually was in such imminent danger; (3) If the defense is based upon the defendant's actual belief of imminent danger, a reasonable prudent man of ordinary firmness and courage would have entertained the same belief... ; and. C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed. At the time of the shooting, Dickey was on the doormat outside the front door of Cornell Arms. SC's self-defense laws were largely replaced by the Protection of Persons and Property Act (SC's Stand Your Ground law), but, in any situation where the stand your ground law does not apply, SC courts will still rely on the previous self-defense rules at your trial. 9] In Jackson, this Court held: The test is not whether there was testimony of an intended attack but whether or not the appellant believed he was in imminent danger of death or serious bodily harm, and he is not required to show that such danger actually existed because he had a right to act upon such appearances as would cause a reasonable and prudent man of ordinary firmness and courage to entertain the same belief. Although the trial judge instructed the jury on the right to act on appearances, he did not use the specific language requested by Dickey. Before we get to who qualifies to Stand Your Ground, you need to know where qualifies. For several reasons, I agree with the Court of Appeals' finding that the judge's "illustration" did not constitute reversible error.
Does your case involve self-defense? Prior to the enactment of stand your ground laws, and in states that don't currently have these laws; you generally have a duty to retreat before you will be justified in using force against an attacker. Instead that burden would shift to prosecutors. We understand SC's self-defense laws and SC's Stand Your Ground law, and how to use them in your case…. It is imperative that you discuss your options with a knowledgeable legal team so that you know the best steps to take for your particular situation. At 292, 625 S. 2d at 648. Safeguarding Your Right to Protect Yourself. Stand Your Ground laws exist in at least 25 states, including North Carolina and Florida. Turning to the facts of this case, we find there is evidence to support the circuit court's finding that respondent was entitled to immunity. After investigating the decedent's background and hiring a preeminent expert toxicologist to fight the State's theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served. SC's Protection of Persons and Property Act codified the castle doctrine and expanded on SC's self-defense rules by: - Doing away with the duty to retreat when you are in a place you have a legal right to be, - Creating a presumption that deadly force is justified any time a person attempts to enter or remove someone from a vehicle or dwelling, and.
We further find the circuit court's order of dismissal was proper because it found respondent was entitled to immunity under the Act under any standard of proof. The attorneys at Shealey Law have most likely tried more immunity hearings than any other law firm in the State of South Carolina. When the victim and his friend turned and approached petitioner, petitioner felt "afraid" and "outnumbered, " then shot the victim. "If you're a burglar and you decide you're going to lead this life of crime and break into people's residences, you're killed and shot dead doing that, the law in this state is really clear, " Condon added. If there is any direct evidence or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, the appellate court must find the case was properly submitted to the jury. Petitioner, in turn, testified the two men were covering ground very quickly and if he turned his back he was afraid of being attacked from behind with no way to defend himself. You need an experienced criminal defense attorney, because too much is at stake to risk going it alone. The State argues the circuit court erred in making a pre-trial determination of immunity. The criminal defense attorneys at the Thompson & Hiller Defense Firm focus exclusively on criminal defense cases in SC. The phrase "another applicable provision of law" found within the Act "includes the common law of self-defense.
The circuit judge sentenced Petitioner to sixteen years' imprisonment. Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you. If the judge decides you proved it, the case is dismissed. You may set up a free consultation by calling us at (864) 523-7738 or online. These types of events and interpretations of laws are often complicated given the nature of the events leading up to the incident. The silence continued in the lobby as Petitioner followed several feet behind the men while they walked toward the exit. The victim was opening the screened porch door when respondent exited the front door of the house onto the porch with the gun. "Defense of others" is another common-law principle that is similar to self-defense. What to Know About Self-Defense and Homicide Self-Defense: Self-defense is when you defend yourself, a family member, or your property through a variety of actions – oftentimes resulting in an assault charge. No Duty to Retreat in Many Circumstances. Under N. C. G. S. 14.
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