Charleston Criminal Defense Lawyer

Charleston Criminal Defense Attorney

Facing criminal charges in Charleston, South Carolina, can feel like the weight of the world is on your shoulders. The complex nature of the South Carolina legal system and the serious consequences tied to a conviction can be overwhelming, but that’s where an experienced Charleston criminal defense lawyer comes in.

At Axelrod & Associates, P.A., we understand that your future, reputation, and freedom are on the line. Our team of legal professionals is committed to helping you navigate these turbulent times, relentlessly fight to protect your rights, and build a strong defense.

Understanding Criminal Defense in Charleston

When you’re charged with a crime, the consequences can extend far beyond the courtroom. A conviction can impact your ability to work, your personal relationships, and even your standing in the community. Whether you’re facing misdemeanor or felony charges, having an experienced criminal defense attorney by your side can make a profound difference in the outcome of your case.

Each case is unique, and the approach we take is carefully tailored to the specific details and circumstances surrounding your situation.

A Personalized Approach to Your Defense

No two criminal cases are alike. The approach required for a drug offense differs greatly from defending against a charge of assault or fraud. Our criminal defense lawyers invest the time necessary to understand the nuances of your case. From the moment you contact our office, we start building a defense strategy that aligns with your needs and legal goals.

We achieve this by:

• Listening to Your Story: Your perspective is invaluable. We begin by hearing your account of the situation, ensuring no detail is overlooked.
• Investigating the Case: A thorough investigation is critical. We gather evidence, interview witnesses, and review police reports to identify inconsistencies or errors that can be leveraged in your defense.
• Legal Analysis: Using our extensive knowledge of South Carolina law, we scrutinize the charges against you, identifying potential weaknesses in the prosecution’s case.

Protecting Your Constitutional Rights

Protecting your rights is the foundation of your defense. Every individual charged with a crime has the right to due process, a fair trial, and federal protection against unlawful search and seizure by law enforcement.

Our attorneys are vigilant when ensuring that these rights are upheld throughout every stage of your case. If there are any violations, we can act decisively to challenge the evidence or request dismissal of charges where appropriate.

Common Criminal Charges We Defend

In Charleston, criminal cases span a wide range of offenses. At Axelrod & Associates, P.A., we handle all types of charges, including:

Drug Crimes

Drug-related offenses, from possession to trafficking, carry serious penalties in South Carolina. These charges often hinge on how evidence is gathered and tested. By examining the specifics of your case, we can challenge the legality of searches, the handling of evidence, and even the intent behind the allegations.

Violent Crimes

Violent offenses, like assault, robbery, or manslaughter, often involve high stakes due to the severe penalties upon conviction. Our attorneys analyze every detail, from the circumstances leading up to the incident to the physical evidence presented, to build a defense that effectively counters the prosecution’s narrative.

Gun Crimes and Weapons Charges

South Carolina takes firearm offenses very seriously, with penalties that can include steep fines and long prison sentences. We defend clients accused of carrying concealed weapons without a permit, unlawful possession of firearms, and using weapons during the commission of a crime.

Sentencing for Criminal Convictions in South Carolina

When someone is convicted of a crime in South Carolina, sentencing is the legal process by which penalties are both determined and imposed. Sentences are influenced by the nature and severity of the offense, the circumstances of the case, and the individual’s criminal history.

South Carolina courts consider several factors when determining a sentence:

• Severity of the Offense: Felonies generally carry harsher sentences than misdemeanors. Violent crimes, repeat offenses, and certain drug-related charges often result in stricter penalties.
• Criminal History: A prior record can lead to enhanced sentencing, particularly under South Carolina’s habitual offender laws.
• Mitigating or Aggravating Circumstances: Circumstances surrounding the crime can impact sentencing. For example, showing remorse or cooperating with authorities might reduce penalties, while using a weapon or causing significant harm could result in harsher punishments.
• Mandatory Minimum Sentences: Certain offenses, like some drug crimes or violent felonies, come with mandatory minimum penalties, leaving judges with little discretion.

Types of Sentences in South Carolina

The state of South Carolina has a wide range of penalties at its disposal for misdemeanors and felonies. These can include fines, probation, community service, mandatory rehabilitation programs, and incarceration.

1. Fines and Restitution: For minor offenses, a judge may impose monetary penalties. Restitution orders generally require offenders to compensate victims for any financial losses caused by the crime.
2. Probation: Instead of incarceration, the offender may be placed under supervised probation, with conditions like regular check-ins, drug testing, or participation in rehabilitation programs.
3. Community Service: Some sentences include community service as a way to give back to society while avoiding jail time.
4. Incarceration: Jail or prison sentences are common for more serious crimes. County jails typically house those serving sentences of 90 days or less, while state prisons are for longer terms.
5. Death Penalty: Although this sentence is reserved for capital crimes like murder with aggravating circumstances, South Carolina still permits the death penalty.

The state also offers certain alternative sentencing programs for eligible offenders, particularly for nonviolent crimes. These programs may include pre-trial intervention, drug court, or mental health court, focusing on rehabilitation rather than punishment. Successful completion of these programs may lead to reduced charges or the dismissal of the case.

Appealing a Sentence

If an individual believes their sentence was overly harsh or unlawful, they have the right to appeal. This involves taking the case to a higher court to review potential errors in the trial or sentencing process. Appeals must be filed within a specific time frame after sentencing, and the appellate court has the discretion to uphold, modify, or overturn the sentence.

The Role of a Criminal Defense Lawyer

The team at Axelrod & Associates, P.A. can be so much more than just an advocate in court. We are your guide through the legal process. From the initial consultation to the resolution of your case, our team is committed to offering comprehensive support and effective legal representation.

• Pre-Trial Advocacy: We handle arraignments, bond hearings, and pre-trial motions to set the stage for a strong defense.
• Negotiation: In many cases, reaching a favorable plea agreement or having charges reduced can be your most favorable option. Our negotiation experience ensures that we can fight for the most favorable terms, given your circumstances.
• Trial Representation: If your case proceeds to trial, we meticulously prepare and present evidence, cross-examine witnesses, and deliver compelling arguments to advocate for your innocence.

How We Build a Strong Defense in Charleston

Every case begins with a detailed examination of the facts. This includes reviewing the prosecution’s evidence, interviewing witnesses, and—when necessary—consulting with experts. Our goal is to create a defense strategy that addresses the specific circumstances of your charges.

A solid defense can challenge the prosecution’s evidence, raise doubts about the case, or demonstrate mitigating circumstances that reduce your culpability. The defense strategy always depends on the nature of the charges, the evidence presented, and the specific circumstances of the alleged offense, but some common strategies include:

Lack of Evidence

The prosecution bears the burden of proving every element of a crime beyond a reasonable doubt. If there is insufficient or unreliable evidence, the defense can argue that the state has failed to meet its burden. For example, unclear surveillance footage or contradictory witness statements may create reasonable doubt.

Mistaken Identity

In cases where a crime is committed, but the accused was misidentified as the perpetrator, the defense can argue mistaken identity. Eyewitness testimony, although persuasive, is often flawed, and presenting alibi evidence or challenging identification methods can be an effective strategy.

Self-Defense or Defense of Others

South Carolina law allows individuals to use reasonable force to protect themselves or others from imminent harm. This defense applies when the accused can show they acted out of necessity to prevent injury or death under the condition that the level of force used was proportionate to the threat.

Lack of Intent

Many criminal offenses require proof of intent. If the accused did not knowingly or willingly commit the crime, this defense can be very effective. For example, accidentally taking someone else’s property without realizing it might negate theft charges.

Alibi Defense

An alibi defense asserts that the accused could not have committed the crime, because they were elsewhere when it occurred. This can be supported by witness testimony, receipts, surveillance footage, or other corroborating evidence.

Entrapment

If law enforcement induced the accused to commit a crime they would not have otherwise committed, entrapment may be used as a defense. This is particularly relevant in drug or prostitution-related cases where undercover officers are involved.

Constitutional Violations

Our defense attorneys can challenge evidence obtained in violation of the defendant’s constitutional rights, for example, illegal search and seizures, right to counsel, and Miranda violations.

Mental Incapacity or Insanity

A defense of mental incapacity can argue that the accused lacked the ability to understand their actions or distinguish right from wrong at the time of the crime. South Carolina law allows for the insanity defense in certain cases, but it requires thorough psychological evaluation and evidence.

Coercion or Duress

If the accused committed a crime under the threat of immediate harm or death, this defense can negate culpability. For example, being forced to participate in a robbery at gunpoint might be grounds for a duress defense.

Necessity

The necessity defense argues that the accused committed a crime to prevent greater harm. For example, breaking into a car to save a child trapped inside during extreme heat could be considered a necessity.

Statute of Limitations

Some criminal charges must be filed within a specific timeframe. If the statute of limitations has expired, the defense can seek to have the case dismissed.

Understanding the Charleston Legal System

Navigating the criminal justice system in Charleston can be intimidating. From arrest to trial, there are several stages where critical decisions must be made. Our attorneys can provide clear guidance, explain the implications of each step, and empower you to make informed choices. Whether it’s deciding to accept a plea deal or pursuing a trial, Axelrod & Associates, P.A. can ensure that you are fully equipped with all the information you need to proceed.

FAQs About Charleston, SC Criminal Defense Laws

Can I Be Charged with a Crime If I Didn’t Know I Was Breaking the Law?

Yes. Ignorance of the law is generally not a defense in criminal cases. However, certain crimes require proof of intent, and the burden is on the prosecution to prove said intent. After a full review, our attorneys can evaluate your case to determine whether a lack of knowledge might influence the charges or penalties, and if so, we can begin building your defense.

How Long Does It Take for a Criminal Case to Resolve?

The timeline for a criminal case can vary depending on how complicated the charges are, court schedules, available evidence, and whether the case requires a court trial. Generally, it can range from weeks to several months. After reviewing your case, we can outline what to expect based on your specific set of circumstances.

What Should I Do If the Police Want to Question Me?

You have the right to remain silent and consult with an attorney before answering any questions. Politely decline to speak with law enforcement and explain that you can comply at a later date when you have secured legal representation. This protects your rights and can ensure that you don’t inadvertently harm your case. If law enforcement has reached out to question you, contact us as soon as possible.

What Happens If I Am Convicted of a Felony in South Carolina?

A felony conviction can have far-reaching and long-lasting consequences, including prison time, difficulty securing employment, loss of voting rights, license suspensions, inability to secure student loans, sex offender registry, deportation, and many more. However, our attorneys can explore post-conviction relief options, like appeals or expungements, to help mitigate the impact on your future.

Why Choose Axelrod & Associates, P.A.

With years of experience serving clients across South Carolina, Axelrod & Associates, P.A. has established itself as a trusted name in criminal defense. Our commitment to justice is unwavering, and our approach combines legal knowledge with compassionate representation. We understand the emotional toll of facing criminal charges and work tirelessly to ease your burden while pursuing the most favorable resolution for your case.

Contact us today to schedule a consultation. Together, we can work toward protecting your rights and preserving your future.