Legal Question in Criminal Law in South Carolina
help this writer: child battery question
I am writing a movie script and need advice. In this story, a character is arrested for beating her child (in a public place, there is a videotape record). I am not sure what the charge should be if:
it is a first offense
the child is 12 and was unharmed, even though the beating looked horrible.
Then, if I want the child to be taken in by her grandmother and aunt, and the mom to come live nearby or with them as she waits for trial (or plea), is this plausible?
This is not the central plot of the movie, but I want to make sure things make sense from a legal perspective. This crime is very roughly based on the Toogood case, but I am writing an original script, so I can change details to suit the script, so long as they make sense.
Let me know if this is interesting to you and you'd be willing to answer these hypothetical questions.
2 Answers from Attorneys
Re: help this writer: child battery question
I'll be glad to help you answer some hypotheticals. Email me at [email protected]
Re: help this writer: child battery question
Well the names of criminal charges vary from state to state. In South Carolina, you would most likely be dealing with Criminal Domestic Violence. There are two levels of this charge. One is High and Aggravated and the other is Simple. High and Aggravated would be with a serious injury and Simple is without a serious injury. If it could be shown that the mother's intentions were to kill the child, then it would be Assault and Battery With Intent to Kill, which is South Carolina's version of attempted murder. There is also some laws on neglect that would come into play. As far as the mother living near by, that is entirely possilbe. However, she would not be allow to live with the child as there would be a restraining order issued at the bond hearing. Obvioulsy, for the child's protection. Based on your senerio, there would be other legal proceedings other than the criminal charges. You are welcome to call or email if you have other questions. I am a criminal defense attorney and answer questions here just for something to do and once in a while, I may actually help someone. I am not allow to put my phone number in an answer, but you can go back and click on my name to get it. My email address is [email protected] Robert Johnston
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