SC Law Blog

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Thursday, November 29, 2012

Being prosecuted where you were justified in using force?

As the holidays draw near, the crime rate for theft rises. While you are out doing holiday shopping, don’t lose sight of your surroundings; your lack of awareness could make you fall prey to a theft crime. Make sure to hide your holiday gifts in the trunk of your car or somewhere else where they are not visible. Take further steps to protect yourself by carrying your cell phone and car keys close by.

 I have attached a local story from WMBF News detailing the events of a recent robbery.  The suspect attacked the woman in the news article at knife point. Fortunately, the woman was not injured during the attack. As mentioned in one of my earlier blog posts, the law allows a person to meet force with force when they reasonably fear serious bodily injury or death is confronting them. In this situation, the suspect held a deadly weapon and had she chosen, she would have been able to use force to protect herself.

If the suspect is found, not only will he be facing robbery charges, he may also face assault and battery charges. The victim of the crime could also recover monetary damages either through restitution if something was stolen or by way of a civil action to recover for damages. Daniel Selwa is experienced at handling crimes involving theft and self defense. If you have been arrested, contact him today to discuss your case.

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