Call Today 888.301.6004
Don't Face Your Charges Alone. Contact Our Firm If You've Been Charged with Homicide by Child Abuse.

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.

Because this offense is so serious, jail bond courts are not allowed to set bond. Instead, all defendants are held until a request for bond is filed with General Sessions. This is something that the defense attorney retained will file and request.

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.

At the Law Office of James R. Snell, Jr., LLC, we are able to provide defense for Homicide by Child Abuse charges, including assisting with locating defense experts and providing a defense investigation. Contact us today.

Former Client Experiences

  • “I want to thank you for how you handled my son's case. We were very concerned with whether or not his charges would effect his future. After meeting with you we knew that we could trust you to advise us in his best interests. I cannot express how grateful ”

    Former Client

  • “Would definitely recommend this law firm!”

    Brittany S.

  • “I tell everyone who needs a lawyer to call James Snell.”

    Former Client

  • “Kind, caring, and courteous”

    Brittany T.

  • “Always someone ready to help answer any questions you may have as well as keep you up to speed on your case.”

    Chase H.

  • Best of Lexington Life for 2020
  • Super Lawyers
  • Lawyer.com Premium Rating
  • 10.0 Superb Avvo Rating - Top Attorney Criminal Defense
  • Better Business Bureau - Accredited Business
  • National Association of Criminal Defense Lawyers
  • South Carolina Association of Criminal Defense Lawyers
  • Top 100 Trial Lawyers - The National Trial Lawyers
  • 10.0 Superb Avvo Rating - Top Attorney DUI

Stay Updated

  • Is Marijuana Illegal in South Carolina in 2023?

    What Are the Penalties for Marijuana Possession in South Carolina? When asked to imagine a criminal, most tend to picture individuals convicted of ...

    View More
  • Can You Go to Jail for Shoplifting in South Carolina?

    Can You Go to Jail for Shoplifting in South Carolina? Facing criminal charges for shoplifting can fill you with shock and dread. It isn’t uncommon for ...

    View More
  • What to Do After a Loved One Is Arrested in SC

    What to Do When a Friend or Loved One Gets Arrested in South Carolina While some people can go their whole lives without getting arrested, others ...

    View More

Get Started Today

We're Available to Schedule Immediate, Same-Day Consultations
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.