Attempted murder charges in South Carolina can arise from a range of situations, and the line between assault and attempted murder often comes down to intent and the type of force used. These three questions walk through when an assault charge can escalate to attempted murder, what prosecutors must prove to secure a conviction, and what happens under South Carolina law when the alleged victim survives.
Frequently Asked Questions
When Does an Assault Become Attempted Murder?
An assault becomes an attempted murder in South Carolina if there’s the use of deadly force. Deadly force is anything that would be likely to cause death if used on you. So, obviously, shooting a gun, stabbing somebody, beating somebody with a bat or something like that. Even a hard liquor bottle or something like that could be a deadly weapon.
In attempted murder, the idea is that you have the intent to kill the person. You have a specific intent to kill them. And if the force that you’re using or the weapon that you’re using is likely to cause death or serious injury, then that would be the elements required for the police to charge you with attempted murder versus some other version of assault. Assault would be intent to cause harm. Attempted murder would be a specific intent to kill another.
Can You Be Charged With Attempted Murder If No One Dies?
Yes, absolutely. That is the definition of the attempted murder charge. It’s that you intended to kill somebody and for whatever reason there could have been an intervening act. The person could have been saved at the last minute. You could have shot at them five times and missed, and then the person was able to escape or something like that.
So attempted murder is simply when the person doesn’t die. If you have the elements of attempted murder and the person dies, the charge is going to be upgraded to murder. So yes, 100 percent you can be charged with attempted murder when the person doesn’t die. In fact, that’s really the only time you’re charged with attempted murder, when the elements are there and you’re arrested and charged with that and the person lived. Whether that was miraculous or not, if the person lived, then that’s the charge of attempted murder.
What Prosecutors MUST Prove for Attempted Murder
They have to prove an unlawful attempt accompanied by malice to kill somebody, the unlawful killing of another with malice or forethought, only the person didn’t die. So they have to prove a specific intent to kill. And how do they prove a specific intent to kill? Many times the intent to kill and the malice factor can be inferred. In other words, if you’re in trial, the judge tells the jury, how do you find malice? How do you find what’s there, this is the jury instruction.
How do you find what is specifically in another person’s brain? What are their thoughts? How can you read their mind? So they say, well, you look at certain factors. You look at how the person acted, what the person said, either during the commission of the crime or after the fact. And you also look at factors like if you use a deadly weapon, then malice can be inferred by the jury by use of a deadly weapon.
So even though you don’t know exactly what’s in somebody’s mind, you can infer, you can deduce from the fact that somebody took a loaded weapon and shot at somebody once or twice or multiple times. And so the jury can say the knowing and willful use of deadly force is evidence that the person had malice and intended for the person to die.
The prosecutors have to prove the specific intent to kill with malice and that the instrument or the things used were likely to cause the death of another person. That’s what they have to prove for attempted murder here in South Carolina.
Attempted murder charges in South Carolina carry serious, life-altering consequences, and the specific facts of each case can significantly affect how a charge is handled. Greg McCollum brings more than 30 years of experience in South Carolina criminal defense, including experience as a former prosecutor, to attempted murder and violent crime cases. That background can matter when it comes to understanding how the state builds these cases and what defenses may apply.
If you have questions about attempted murder charges in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
