x-sender: governor.haley@sc.lmhostediq.com x-receiver: governor.haley@sc.lmhostediq.com Received: from mail pickup service by sc.lmhostediq.com with Microsoft SMTPSVC; Mon, 8 Feb 2016 18:13:54 -0500 thread-index: AdFixmFUbNpHCEjJSDq7HVUveJ4hnQ== Thread-Topic: Response via eform 100002 - Help with a State Agency From: To: Subject: Response via eform 100002 - Help with a State Agency Date: Mon, 8 Feb 2016 18:13:54 -0500 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 8bit X-Mailer: Microsoft CDO for Windows 2000 Content-Class: urn:content-classes:message Importance: normal Priority: normal X-MimeOLE: Produced By Microsoft MimeOLE V6.1.7601.17609 X-OriginalArrivalTime: 08 Feb 2016 23:13:54.0847 (UTC) FILETIME=[6173A2F0:01D162C6] WORKFLOW 344 Mr. Michael Moore Jr. Need help with Criminal Background validity 1987 204 Haleywood Lane Columbia SC 29170 MEMOOREJR@GMAIL.COM 8037672758 8037672758 Hello; I was charged with ABHAN(non violent) the common law misdemeanor in 2007 prior to the "The Omnibus Crime Reduction and Sentencing Reform Act of 2010". I am concerned with the accuracy of my SLED report which shows the new felony version instead of the correct old disposition of assault and battery -non violent high & aggravated nature misdemeanor. Currently, I am enroll in the SCVRD department where I have received high honors in working with the Department of Education. I am experiencing trouble finding work even though I am extremely qualified because of this error. I am on a very limited income but have pending job opportunities when this issue is corrected. Here is some information about the old law. "ABHAN however is not a felony, but rather a common law misdemeanor. Morris v. State, 371 S.C. 278, 639 S.E.2d 53 (2006). Furthermore, ABHAN does not "invariably constitue a crime of moral turpitude, since that determination depends on the facts of each particular case." State v. Bailey, 275 S.C. 444, 446, 272 S.E.2d 439, 440 (1980) (per curiam). South Carolina courts have defined moral turpitude as "an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between a man and man." State v. Horton, 271 S.C. 413, 414, 248 S.E.2d 263, 263 (1978). In determining whether a crime is one involving moral turpitude, courts focus primarily on the duty to society and fellow man that is breached by the commission of the crime. Alex Sanders et. al., Trial Handbook for South Carolina Lawyers § 13:13 at 484 (2000). In instances involving a conviction for ABHAN that determination is made by examining "the inherent nature of the crime as defined by law and particularized by the indictment." 272 S.E.2d at 440. ABHAN is not listed as a violent crime in § 16-1-60. See State v. Rogers, 338 S.C. 435, 527 S.E.2 101 (2000). ABHAN is a common law misdemeanor punishable by up to ten years in prison. State v. Morris, 371 S.C. 278, 639 S.E.2d 53 (2006). "This is the "old" ABHAN which was a common-law misdemeanor in South Carolina. It was in regular use up until a couple of years ago(2010). Its common-law because it wasn't based on any statute or law from the legislature. It was a misdemeanor under South Carolina law but could carry a possible penalty of up to ten years in prison. Up until recently we had two main assault laws in South Carolina. Simple Assault which was a 30 day misdemeanor and then this ABHAN that carried up to 10 years. There was nothing in between." James Ross Snell Criminal Defense Attorney Lexington, SC The Omnibus Crime Reduction and Sentencing Reform Act of 2010 was signed into law on June 2, 2010; it states in relevant part as follows: SECTION 7. A. Sections 16-3-6121 , 16-3-6202 , 16-3-6303 , and 16-3-6354 of the 1976 Code are repealed. B. The common law offenses of assault and battery with intent to kill, assault with intent to kill, assault and battery of a high and aggravated nature, simple assault and battery, assault of a high and aggravated nature, aggravated assault, and simple assault are abolished for offenses occurring on or after the effective date of this act." If you could just fix this small issue, it would benefit my entire life. Thank You, Michael Moore 173.93.228.215