Legal Question in Criminal Law in South Carolina

Harsh Sentence

Hello,

My fiance got into an altercation with someone and he kicked the person's home door down. he was charged with burglary 2nd degree/non-violent and sentenced to six years in prison. Do you think it's worth him trying to appeal the judges decision? I believe for that type of crime the sentence was too harsh for a crime like that. I am not saying what he did was write, however, if it was a non-violent burglary why put him in jail for 6 yrs. He does have a prior record which all cases were disposed and warrants dismissed. Can you provide me with some feedback? Thank you for your time.


Asked on 1/12/07, 11:42 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Harsh Sentence

Six years is quite a lot, but I wasn't there an am not familiar with everything. You didn't say if he pled guilty or had a trail. That makes a big difference. He will also need to consider filing a PCR (post conviction relief). However, a lawyer would need to know a whole lot about the case in order to give advise. Both an appeal and PCR have strict time frames for filing so do wait. Go consult with an attorney immediately.

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Answered on 1/13/07, 9:51 am


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