Legal Question in Criminal Law in South Carolina

First of all, I apologize for not answering your question immediately. The site you posted your question with often takes a couple days before it sends it to the attorney. I am a criminal defense lawyer in the Myrtle Beach area and I accept cases throughout the state.

You asked what the sentencing could be. That is a hard question to answer without knowing a little more information. Each case is different and the judge will consider a person's record, the extent of the injuries, whether the defendant takes responsibility and shows remorse, how much evidence there is, the quality of the evidence, what the victim has to say, etc.

Your boyfriend should not go with this alone. He really should have an attorney. I'm not saying that because I'm am one. I'm saying it because, even though its a misdemeanor, it involves a child and the court could be hard on him. Also, there are a number of considerations when deciding if your going to go to trial or not. A person needs to be careful. If they go to trial and lose it, then they are at the mercy of the judge and the judge is capable of taking the position that the person did not learn their lesson and maybe that person should spend some time in jail. In most of these cases, a plea agreement can be reached with the prosecutor which could keep him out of jail. There are also programs available in a lot of different cases that could not only keep him out of jail, but could possibly get this taken off his record.

Again, he really should be represented. You or your boyfriend are welcome to call. I don't charge for phone consultations. You can also email me at [email protected]

I've copied/pasted the law for you so that you can see exactly how it reads and addresses the potential sentencing. Its pasted below my name and phone number.

Robert J. Johnston

843-946-0099

SECTION 63-5-80. Cruelty to children.

Whoever cruelly ill-treats, deprives of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon a child or causes the same to be done, whether the person is the parent or guardian or has charge or custody of the child, for every offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not more than two hundred dollars, at the discretion of the magistrate.