Summary
In South Carolina, Assault and Battery of a High and Aggravated Nature (ABHAN) has been classified as a felony, including in 1994. Felony cases are typically handled by general sessions, not city magistrates. Reducing a felony to a misdemeanor is possible under certain conditions, such as plea agreements. Felony convictions generally prohibit firearm ownership. A firearm is defined as any weapon designed to expel a projectile by explosive action. If a background check allowed a firearm purchase despite a felony, it may indicate a record error. Consulting a local attorney can provide personalized advice and assistance.Full Conversation
It's about a charge on my background. Has abhan always been a felony in South Carolina?
Hey ****! In South Carolina, Assault and Battery of a High and Aggravated Nature (ABHAN) has generally been classified as a felony. However, the classification and penalties may have evolved over time. It’s essential to check the specific laws applicable during the time of your charge for accurate information. Do you know the year when the charge was made?
I think it was *
In *, Assault and Battery of a High and Aggravated Nature (ABHAN) in South Carolina was considered a felony. If you need more specific details about your case or if there's something else you'd like to know, feel free to ask!
My case was handled by a the city magistrate. If it was a felony, why wasn't it handed by general sessions?
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Hey ****! It's unusual for a felony case to be handled by a city magistrate, as magistrates typically handle misdemeanor cases. Sometimes cases can be initially evaluated by a magistrate before being transferred, or there might have been an error.
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Is it possible to have that charge lessened to a misdemeanor? There was no great bodily injury caused.
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****, in South Carolina, it's possible to seek a reduction of a felony charge to a misdemeanor under certain circumstances. This can depend on various factors including the nature of the offense and any plea agreements. Consulting with a local attorney could offer more personalized guidance.
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If I have a felony charge, does that mean I can't buy or own a gun of any kind?
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In South Carolina and under federal law, individuals with felony convictions are typically prohibited from purchasing or owning firearms.
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How is firearm defined?
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In South Carolina, a firearm is generally defined as any weapon which will or is designed to expel a projectile by the action of an explosive. This includes pistols, rifles, and shotguns.
Is there anything else specific you need to know about firearm laws in South Carolina?
It's funny, because I bought a shotgun from a legitimate gun dealer in *. The dealer ran a background check and I was allowed to purchase the gun.
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It seems like there might be an inconsistency in your background check or records. This could be due to various reasons, including errors in the system or changes in your legal status.
Would you like to know more about how to address this issue or clarify your status?
Yes
Case Rating: *
****, it looks like your case has some complexities that might benefit from professional legal assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please provide the following details:
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*. Can you give me a bit more information about the issue?
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