Lexington Defense Lawyer for Homicide by Child Abuse

One of the most serious criminal charges in South Carolina is Homicide by Child Abuse. This law is codified in S.C. Code § 16-3-85. All charges are brought in General Sessions. Those convicted face a mandatory minimum sentence of twenty years in the Department of Corrections, and a possible higher sentence of up to and including life imprisonment.

One major reason why this offense is so serious is that when these charges go to court, there is not a “lesser included” offense that the court has the option of finding the defendant guilty of. A trial for Homicide by Child Abuse is “all or nothing” in that respect (unless other charges are also pending).

This is different than many other criminal charges. For example, in a murder trial the court usually has the option of finding the defendant guilty of the lesser crime of manslaughter. But in a Homicide by Child Abuse trial, the only choice given regarding the death of the child is “guilty” or “not-guilty”, with no middle ground for situations where there may have only been more moderate levels of fault.

The “all or nothing” standard in a trial however does not limit the right of the defendant and prosecution to enter into an agreement to reduce the charge to a lower level child-abuse, manslaughter, or assault. This can result in a drastically reduced sentence, in some situations depending on the reduction and negotiations this could be probation. Homicide by Child Abuse is a charge available when there is a death of a child under the age of 11.

Right to Remain Silent

The aftermath of an unexpected death of a child can be highly emotional. Interviews of parents or caregivers during the first few hours are frequently the basis for these charges. Investigators know this, and that is why they begin questioning distraught and grieving family members as soon as possible. They may not always give Miranda advisement prior to questioning.

Avoiding the Media

Situations in which a child’s death has been attributed to child abuse, or the arrest of a parent or caregiver for Homicide by Child Abuse, can result in media coverage. Family and others going through this process should anticipate media inquiries or coverage. When questioned by the media you have a right to decline to make any comment or other statements. You do not have to answer phone calls from or open doors for reporters.

Use of Defense Experts

When charges are brought it will be because the police have obtained an opinion from the medical examiner’s office, or other medical expert, that the death was the result of child abuse. The defense does not have to accept this determination, and it can be fully challenged in court. Frequently one of those most important steps in the defense of this charge is the procurement of a defense expert (such as a medical doctor) to challenge the state’s assumptions as to the cause and manner of death. For example this is how the defense can raise challenges to assertions such as shaken baby syndrome (which can be mistaken for a naturally occurring brain hemorrhage), or to co-sleeping deaths being possibly attributed to sudden infant death syndrome (SIDS).

Defense Investigation

Police and coroner’s office officials will conduct an investigation into the death of a child. They will interview witnesses and try to create their own timeline of events. Frequently their investigation will not be absolute, or take into account 100% of the possible information available. Because of this it is important that a defense investigation into the circumstances of the death also occur.

Obtaining a Defense Attorney

The most important thing that anyone who is under investigation or has been charged for the death of a child can do is to retain a defense attorney.