When is the Right Time to Hire a Criminal Defense Lawyer
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(843) 577-7046Criminal Defense Lawyer in Charleston, SC
If you have been accused of a crime, the only thing standing between your continued freedom and harsh legal penalties is a seasoned criminal defense lawyer in Charleston, SC. That may seem harsh, but in this time of turmoil and uncertainty, having a skilled and dedicated criminal defense lawyer on your side is key. Because the truth is that dealing with legal charges in Charleston can be a highly distressing ordeal, with even minor violations causing a considerable impact on an individual’s personal and work life. The repercussions of having a criminal record can be severe, leading to loss of employment, severed relationships, and even alienation from loved ones.
At Theos Law Firm, we offer trustworthy legal representation to those who need it most. Our criminal defense team has years of experience and is committed to ensuring our clients maintain their freedom and can move forward with their lives. From handling drug-related charges to more nuanced federal cases and sexual misconduct offenses, we take a personalized approach to every case. By utilizing cutting-edge legal strategies and decades of combined experience, we have a much better opportunity to achieve the best possible client outcomes.
We help clients overcome criminal charges in a wide range of cases, including the following:
- Homicides
- Drug Crimes
- Juvenile Crimes
- Sex Crimes
- Theft Crimes
- Theft Crimes
- Violent Crimes
- Misdemeanor Offenses
- Federal Offenses
- More
If you are facing one or more of the charges above, it’s imperative that you establish contact with a legal advocate ASAP. At Theos Law, you can rest easy knowing our phone line is always open. When your future is up for grabs, let our team of criminal defense lawyers fight for your rights. It all starts with a free consultation at our law firm in Charleston, where we’ll educate you on the particulars of the charges you’re facing and explain the next steps ahead.
At this point, you probably have many questions in mind. Keep reading for more information on criminal law in South Carolina and some of our criminal defense specialties at Theos Law.
Understanding Criminal Defense Cases in South Carolina
In South Carolina, criminal cases are classified into different categories based on the severity of the crime. Generally speaking, offenses that carry a maximum sentence of three years or less are categorized as misdemeanors. On the other hand, crimes that carry a punishment of more than three years in prison are generally classified as felonies.
State and Federal Criminal Defense Cases in South Carolina
Crimes in The Palmetto State are usually split into two categories: state crimes and federal crimes. Classifications are based on whether a crime violates state laws or federal laws. Ultimately, it's up to the prosecutor to decide which category to pursue charges under. State crimes generally include assault, robbery, domestic violence, theft, and rape. Federal crimes, on the other hand, may be more complex and can include computer crime, major drug trafficking, hate crimes, and money laundering. These types of crimes are often investigated by agencies like the FBI or IRS.
The Difference Between Misdemeanors and Felonies in South Carolina
Understanding the difference between a misdemeanor and a felony crime can be challenging for someone facing their first charge. Misdemeanors are generally considered minor offenses, resulting in fines or a short stay in a local county jail. Trials and plea deals for these cases move quickly due to their nature.
Conversely, felonies are more severe crimes classified by degrees, with first-degree being the most severe and sixth-degree being the least. Those charged with a felony may face significant fines and a prison sentence of over a year in a federal or state institution. Convicted felons may face difficulties after their release, making it crucial to have a reliable criminal defense attorney in Charleston, SC.
Plea Deals in South Carolina
It is not uncommon for legal cases to be resolved outside of court through a plea deal. This allows the defendant to acknowledge their guilt on one or more charges without the need for a trial. Both your criminal defense lawyer and the prosecutor collaborate to come up with a mutually beneficial arrangement, which helps avoid the uncertainties and dangers of a trial. By accepting a plea deal, you may receive a lighter sentence and avoid the anxiety that comes with a lengthy legal battle.
When is the Right Time to Hire a Criminal Defense Lawyer in Charleston, SC?
At Theos Law Firm, we often receive questions from potential clients about when they should hire a criminal defense attorney for the charges that they’re facing. Although each situation and client are unique, there are some common criminal situations to keep in mind. In general, it’s always best to reach out to an experienced attorney as soon as you’re charged or have been arrested.
Below are some guidelines to help you decide when it's necessary to retain a criminal defense attorney for your case in South Carolina.
When You’ve Been Accused or Charged
Thinking about hiring a criminal defense lawyer when you’re charged with a crime is a no-brainer for most, and for good reason. A defense lawyer can offer assistance with various offenses, ranging from minor crimes like retail theft and cyberstalking to more serious ones such as sexual assault and manslaughter. Regardless of the charges, navigating the legal system can be complex, and without the guidance of an experienced criminal defense lawyer, the situation can escalate rapidly.
When Investigators or Police Question You
As you may have observed in movies or television shows, the police might request you to provide a statement, giving the impression that you are not under arrest. If they suspect you of committing a crime but lack sufficient evidence to detain you, they may aim to put you at ease and elicit information that can be used against you. Remember, it is within your rights to have a criminal defense attorney in Charleston, SC, present during questioning, and you should absolutely use that to your advantage.
When Authorities Search Your Residence
In the event that law enforcement officers arrive at your residence with a warrant, it indicates that a judge has determined there is reasonable suspicion that evidence related to a criminal offense is present in your home. Regardless of whether they discover and confiscate anything, it is advisable to seek the guidance of a seasoned defense attorney to discuss the situation and receive assistance in determining any potential charges or locations they may investigate in the future.
When You Are Wrongly Accused of Committing a Crime
Could you imagine being accused of something you didn’t do? When law enforcement, a judge, or a prosecutor accuses you of committing a crime that you didn't do, it can be an arduous task to prove your innocence, especially if you have a prior record. It can also feel hopeless and like it’s impossible for you to get someone to listen to your side. The truth is that your past mistakes should not be used against you. To increase your chances of being cleared of charges, it's advisable to have a defense lawyer who can support your innocence and fight for your rights. Criminal defense attorneys at Theos Law don’t just listen – we act swiftly and always with your best interests at heart.
When Your Child Is Involved
The legal system for juveniles in South Carolina is different than it is for adults. It comes with its own complications and hurdles to overcome. If you think or know that your child has been accused of a crime, it’s imperative to get legal counsel swiftly. Failure to do so could ruin their life or result in a longer-than-needed jail sentence.
Keep reading to learn more about just a few of the most common criminal defense cases we accept at Theos Law Firm.
Criminal Defense for DUIs in South Carolina
In terms of common criminal offenses in South Carolina, DUIs top the list, especially regarding mindful drivers with clean driving records and no criminal history. Unfortunately for these drivers, a DUI conviction in South Carolina stays on your record and cannot be expunged. Even first-time offenses with a blood alcohol concentration (BAC) of 0.08 percent can be costly. Your insurance premiums go up for years, you may end up paying almost $1,000 in fines and fees, and there’s a good chance you’ll have to perform community service or serve jail time.
If your breathalyzer test result is more than .15%, you refuse the breathalyzer, or it is recorded as a refusal, your license will be automatically suspended, which complicates matters further. Throw in the possibility of interlock device rental, and your life may never be the same. For those reasons alone, it is crucial to approach such charges with the help of a DUI defense lawyer. At Theos Law Firm, our attorneys have years of experience in successfully fighting these types of charges.
Fortunately, if you or a loved one has been charged with DUI, there is hope. That’s especially true if the accused has undergone a breath or blood test for DUI. In fact, cases that involve such tests are successfully beaten every day. At Theos Law Firm, we will thoroughly investigate your DUI case in Charleston and explore every possible angle to have it dismissed.
To begin that process, your criminal defense lawyer in Charleston, SC, may seek answers to many questions, including:
- Was your DUI stop legal? If not, your case could be thrown out.
- Is there enough probable cause or evidence for an arrest? If there is not, it’s possible to file a pre-trial motion for your case to be dismissed.
- Did officers explain implied consent rights? One of the most common errors police make is failing to take this step.
- Did the police maintain your BAC and breathalyzer results? Breath testing often comes with inherent weaknesses. This can create doubt in a juror’s mind.
Criminal Defense for Drug Cases in South Carolina
If you are dealing with drug-related crimes in Charleston or another city in South Carolina, it is crucial for you to understand the potential penalties involved. Possession of a controlled substance may fall under the category of a misdemeanor, but many drug offenses are considered felonies. Even a minor drug offense conviction can result in long-lasting negative consequences. As such, it’s always advisable to explore your options and seek the assistance of a Charleston drug crime attorney. A skilled criminal defense lawyer can help safeguard your rights and may help achieve a favorable outcome.
One of the most frequent questions we hear at Theos Law is, “What does possession mean?”
Drug charges based on possession in South Carolina are divided into three categories:
- Simple Possession
- Possession with Intent to Distribute
- Drug Trafficking
However, the state also has other drug charges that are not based on the weight of the drugs. These include:
- Drug Distribution
- Manufacturing
- Distribution Near Schools, Parks, or Playgrounds
Possession-based drug charges in South Carolina are deemed "graduated offenses" with penalties that grow more severe based on the weight of the drugs. It's important to note that the charges can be based on either actual or constructive possession. Contact a criminal defense lawyer in Charleston, SC, today to learn more about the complexities involved with drug cases in Charleston and other cities in South Carolina.
Some of the most common drug charges we see at Theos Law include the following:
- Marijuana
- Heroin
- Ecstasy
- LSD and Hallucinogens
- Cocaine
- Meth
- Prescription Pain Killers
- Fentanyl
Can I be Arrested for Drug Paraphernalia in South Carolina?
The simple answer to this question is a resounding “Yes.” Drug paraphernalia can refer to various items such as pipes, bongs, syringes, scales, grinders, and rolling papers which are linked to drug usage, preparation, storage, or hiding. Even though some of these items may have legitimate uses, like tobacco pipes or medical syringes, they can still be scrutinized by law enforcement if there is proof of illegal drug use or intent.
Criminal Defense for Assault and Battery Cases in South Carolina
If you are facing assault and battery charges, it is possible that you haven't actually physically harmed someone. Many people associate assault and battery with brutal beatings, but that is just one example. There are other situations that are less severe than what people typically imagine.
It's a common misunderstanding that physical injury is required for assault and battery charges. The fines, penalties, and jail time you may face depend on the severity of your charges and the number of offenses. Regardless of the degree of your charges, Assault and Battery is a serious offense that should not be taken lightly. The consequences of a conviction can be life-changing, and as such, your criminal defense lawyer in Charleston, SC, should work relentlessly to fight the charges being levied against you.
Though this list isn’t comprehensive, here are some of the biggest factors that dictate the severity of your assault and battery charges:
- Age of Victim
- Severity of Injuries Sustained
- Size and Weight of Accused vs. Size and Weight of Victim
- Whether or Not the Victim Presses Charges
- Whether or Not Weapons Were Involved
- Whether or Not the Victim’s Privates Were Touched
Understanding the Degrees of Assault and Battery in South Carolina
Third Degree
Causing harm to someone or threatening to do so with the ability to carry out the threat can result in a charge of third-degree assault and battery. This misdemeanor offense is typically heard in municipal or magistrate courts and may carry a maximum sentence of 30 days in jail.
Second Degree
Causing harm or making threats to harm someone that results in moderate bodily injury can lead to charges of second-degree assault and battery. Additionally, touching someone's private parts without their consent can also result in charges of assault and battery in the second degree. This misdemeanor offense is heard in General Session court and can carry a maximum sentence of three years in prison.
First Degree
Assault and Battery in the first degree can involve a number of actions such as inflicting an unlawful injury when kidnapping, touching a person’s privates “with lewd and lascivious intent,” and much more. Contact Theos Law Firm for more info on the degrees of Assault and Battery in South Carolina.
Everyone Deserves a Reliable Criminal Defense Attorney in Charleston, SC
At Theos Law firm, we work tirelessly to ensure that our client’s rights are not overlooked. Because unfortunately, the rights of everyday citizens are often trampled by law enforcement oversights and legal system failures.
That’s why every criminal defense lawyer at our firm works hard to provide guidance and support throughout the legal process by keeping you informed of updates and as comfortable as possible during this trying time. Benefits of hiring Theos Law Firm include:
- Thorough Knowledge of South Carolina Criminal Law & Procedures
- Seasoned Legal Representation in the Courtroom
- Years of Experience Structuring Plea bargains
- Ability to Identify Due Process Violations
- Fierce Dedication to Clients & Vigorous Representation
- Skilled Negotiation Tactics Involved with Bail, Sentencing, Appeals, and More
- Familiarity with Local Prosecutors
Unlike some criminal defense law firms in South Carolina, our team believes that everyone deserves a great lawyer when their freedoms are on the line. If you or a loved one has been accused of a crime in South Carolina, trust Theos Law to have your back without judgment.
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