Criminal Sexual Conduct Defense
The criminal defense attorneys at Bannister, Wyatt & Stalvey, LLC know the destructive impact allegations of Criminal Sexual Conduct can have on a person’s reputation, career and life – even when those allegations are false. Our award-winning criminal defense lawyers have deep experience defending cases involving sex crimes in South Carolina, and will devise your best defense while explaining what you are facing. Our attorneys are ready to help you now. Contact us
What You Need To Know:
Criminal Sexual Conduct (CSC) charges take many different forms:
- CSC in the First Degree is where aggravated, physical force is used to accomplish sexual battery; where forcible confinement, kidnapping, robbery, burglary, housebreaking, extortion or any other similar offense is used to accomplish sexual battery; or where the victim is rendered mentally incapacitated or physically helpless by the use of controlled or intoxicating substances.
- CSC in the Second Degree is where aggravated coercion, or threat of violence, is used to accomplish sexual battery.
- CSC in the Third Degree is where the accused has participated in sexual battery and either a.) uses force or coercion to accomplish battery in the absence of aggravating circumstances or b.) had reason to know the victim was mentally unsound or incapacitated, or physically helpless, and aggravated force or coercion was not needed to accomplish battery.
- CSC with a Minor in the First Degree is where sexual battery occurs with a victim who is 11 years old or younger; or where sexual battery occurs with a victim who is 16 years old or younger and the accused is a registered sex offender.
- CSC with a Minor in the Second Degree is where sexual battery occurs with a victim aged 11-14; or where sexual battery occurs with a victim who is 14-16 years old and the accused has familial, custodial or official authority to coerce the victim to comply.
- CSC with a Minor in the Third Degree is where the accused willfully or lewdly commits or attempts to commit a lewd or lascivious act upon a child 16 years old or younger with the intent of arousing or appealing to sexual desires of the accused or the victim.
- Criminal Solicitation of a Minor is where the accused knowingly contacts, communicates with, or attempts to contact or communication with a person who is 18 years old or younger.
Criminal Sexual Conduct, if convicted, is punishable by up to 30 years in prison – depending on the act, the victim and the degree of the charge. A convicted sex offender may also become a registered sex offender, which will influence where one can live or work.
Choose a criminal defense attorney familiar with Criminal Sexual Conduct defenses that will be by your side throughout the proceedings. It is important that your counsel understands South Carolina’s laws and draws on years of experience to ensure you are receiving the best possible guidance.
Bannister, Wyatt & Stalvey is here for you. Our free consultation will walk you through next steps in your case and advise you on scenarios for defense. Call our offices (864) 298-0084 or contact us online to set up an immediate, confidential appointment.
A managing partner of Bannister, Wyatt & Stalvey, James W. Bannister graduated from the University of South Carolina honors program in 1992 as a Phi Beta Kappa. He received his law degree from the University of South Carolina School of Law in 1995, after which he served for two years as clerk to US Federal Judge Henry M. Herlong. Since then, he has been with Bannister, Wyatt & Stalvey.
Mr. Bannister is a member of the South Carolina Bar, Federal Bar Association, National Association of Criminal Defense Lawyers, South Carolina Criminal Defense Lawyers Association and National Board of Trial Advocacy. Mr. Bannister has been honored among Greenville’s Legal Elite for criminal defense each year the award has been offered.
In 2007, Mr. Bannister earned his Criminal Trial Advocacy Certification from the National Board of Trial Advocacy. He has tried numerous felony cases in both Federal and State Courts, and holds notable experience in cases involving Drugs and Narcotics, RICO, Internet Crimes, White Collar Crime, Security Fraud, Tax Evasion, Murder, Criminal Sexual Conduct, Criminal Domestic Violence, and DUI.
On a national level, Mr. Bannister has been listed in Best Lawyers in America since 2008 for Criminal Defense and DUI Defense. He has also been included in South Carolina’s Super Lawyers for criminal defense since 2011. In 2016, Mr. Bannister became one of only three members of the South Carolina Bar to be named as a fellow to the American Board of Criminal Defense Lawyers.
In addition to his private practice, Mr. Bannister serves on the Board of Governors for the South Carolina Bar and was recently elected as Commissioner for Greenville Water. Mr. Bannister formerly served on two criminal law task forces, as appointed by the South Carolina Supreme Court, and as a Commissioner on the Commission on Indigent Defense, a commission appointed by Governor Haley.
Oscar W. Bannister, Jr. (Bill) founded Bannister, Wyatt & Stalvey along with John F. Wyatt in 2000. Mr. Bannister graduated from the Citadel in 1962 with a Bachelor of Arts degree in History. From 1962-1965, Mr. Bannister served as an officer in the U.S. Army. He attended law school at the University of South Carolina, where he received his J.D. in 1969. Mr. Bannister was admitted to the South Carolina bar, the U.S. District Court and the Fourth Circuit Court of Appeals in 1969.
Mr. Bannister served as an assistant U.S. Attorney from 1970-1974. With over 35 years of experience in the courtroom, Mr. Bannister provides counsel and advice in the areas of Criminal Law and Family Law. He has successfully tried cases throughout South Carolina, earning a listing in Best Lawyers of America for the past 24 years (1991-2014) for his work in DUI/DWI defense as well as white and non-white collar criminal defense.
With a high degree of professionalism, Mr. Bannister has tried cases focusing on White Collar Crime, Criminal Taxation, Civil Practice, Divorce, Fire Loss, Litigation, RICO, Internet Crimes, Drugs and Narcotics, Tax Evasion, Tax Fraud and Criminal Tax Audits.
Born in Union, S.C., Mr. Bannister is a member of the Greenville County and Federal Bar Associations, the South Carolina Bar, the South Carolina Trial Lawyers Association, the South Carolina Association of Criminal Defense Lawyers and the Association of Trial Lawyers of America. He is also LexisNexis Martindale-Hubbell Peer Review Rated.
Alex Stalvey, a managing partner for Bannister, Wyatt & Stalvey, served as a prosecutor in Spartanburg and Greenville counties prior to joining the firm in 2009. He currently practices Criminal Defense, Divorce and Personal Injury within the firm.
In 2010, Mr. Stalvey was elected by members of the Greenville County Bar to serve as circuit representative on the Board of the S.C. Association for Justice. The following year, he was nominated to represent the Thirteenth Circuit on the Board of the S.C. Association of Criminal Defense Lawyers.
Mr. Stalvey is a member of numerous professional organizations including the National College of DUI Defense, the Greenville Association of Criminal Defense Attorneys and the National Association of Criminal Defense Lawyers. Based on his extensive experience in the courtroom, Alex achieved Criminal Trial Advocacy Certification from the National Board of Trial Advocacy in 2014. He has represented clients as lead trial counsel on various cases including, Murder, Criminal Sexual Conduct with a Minor, Burglary and DUI.
Alex speaks regularly on criminal defense strategies and has given presentations to local and statewide conferences on South Carolina’s “Stand Your Ground” law (also known as the Castle Doctrine). He has also participated in the Continuing Legal Education Seminar on Criminal Defense, where he presented on cross-examination and voir dire. In addition, Alex has published articles on criminal law in several publications including South Carolina Lawyer and the Justice Bulletin.
As an associate at Bannister, Wyatt & Stalvey, Marcelo Torricos’ main areas of practice are in Criminal Defense and Family Law.
Mr. Torricos received his Bachelor’s Degree with Honors from Clemson University in 2009. While at Clemson University, Mr. Torricos was a proud member of the Sigma Alpha Lambda Honors Fraternity. After graduating from Clemson University and during law school, Mr. Torricos clerked for the 7th Circuit Solicitor’s Office in Spartanburg, SC and for the United States District Attorney’s Office here in Greenville, SC.
In 2012, Mr. Torricos served as a Summer Law Clerk to the Honorable J. Michelle Childs of the Federal District Court for the District of South Carolina. A year later, in 2013, Mr. Torricos graduated from the John Marshall School of Law in Atlanta, GA and became a member of the South Carolina Bar. While in law school, he was the Vice-Chairman of the Board and member of the John Marshall Mock Trial Team.
Upon graduation from law school, Mr. Torricos served as the Law Clerk to the Honorable Robin B. Stilwell of the 13th Judicial Circuit in Greenville, SC.