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South Carolina domestic violence (DV) laws prohibit violence among current or former household members. All DV charges are serious, with up to 10 years in prison for the most serious offenses. In addition, if convicted, you face the stigma of a domestic violence conviction and a permanent criminal record.
If you are facing charges, you need aggressive representation from a domestic violence lawyer.
Shealey Law Firm represents people facing domestic violence charges. Contact us now for immediate legal help.
What is the domestic violence law in South Carolina?
S.C. Code § 16-25-20 prohibits domestic violence in South Carolina. The law divides offenses into first, second, and third-degree domestic violence and domestic violence of a high and aggravated nature (S.C. Code § 16-25-65). Repeat offenders are subject to charging enhancements.
What is domestic violence in South Carolina?
Domestic violence in South Carolina is defined as:
- physical harm or injury OR
- an offer or threat to cause physical harm or injury with present ability and under circumstances creating reasonable fear of imminent peril
- To a household member
S.C. Code § 16-25-20.
There are four different domestic violence charges, depending on the circumstances of the offense: first-degree, second-degree, third-degree, and domestic violence of a high and aggravated nature.
Who counts as a household member for domestic violence in South Carolina?
For the purposes of South Carolina’s domestic violence law, a household member includes a:
- Spouse
- Former spouse
- People with a child in common
- Cohabitating male and female
- Previously cohabitating male and female
Even if you’re no longer living with the person, you can be charged with domestic violence.
Domestic Violence of a High and Aggravated Nature
S.C. Code § 16-25-65 is the law for domestic violence of a high and aggravated nature. A person is guilty of domestic violence with a high and aggravated nature if they commit domestic violence:
- With a deadly weapon
- Resulting in serious bodily injury to the victim
- Assault that would reasonably cause a person to fear imminent serious bodily injury or death
What is the penalty for domestic violence of a high and aggravated nature?
A person convicted of domestic violence of a high and aggravated nature faces:
- Felony
- Minimum one year to a maximum of 10 years in prison
- Suspended sentence allowed after the one-year mandatory minimum
- Batterers intervention program with participation fee included
- Drug and alcohol treatment
- Firearms restrictions
Three Degrees of Criminal Domestic Violence
South Carolina divides domestic violence charges into three degrees:
Domestic violence in the first degree
Domestic violence in the first degree is domestic violence involving:
- Great bodily injury to a household member
- An act likely to result in great bodily injury to a household member
- Violation of a protection order and committing second-degree domestic violence
- Two or more prior convictions in the past 10 years
- Use of a firearm
- Second-degree domestic violence and:
- Committed in the presence of a minor or perceived by a minor
- A victim who is known or should have been known to the offender to be pregnant
- Commission of a robbery, burglary, kidnapping, or theft
- Impeding breathing or air flow
- Blocking access to a telecommunications device to interfere with getting help
Penalty: Felony, up to 10 years in prison, treatment and rehabilitation, firearms restrictions.
Domestic violence in the second degree
Domestic violence in the second degree is domestic violence involving:
- Moderate bodily injury to a household member
- An act likely to result in moderate bodily injury to a household member
- Violation of a protective order and committing third-degree domestic violence
- A prior conviction for domestic violence in the last 10 years
- Third-degree domestic violence and:
- Committed in the presence of a minor or perceived by a minor
- A victim who is known or should have been known to the offender to be pregnant
- Commission of a robbery, burglary, kidnapping, or theft
- Impeding breathing or air flow
- Blocking access to a telecommunications device to interfere with getting help
Penalty: Misdemeanor, up to three years in prison, fine of $2,500-$5,000, treatment and rehabilitation, firearms restrictions.
Domestic violence in the third degree
Domestic violence in the third degree is domestic violence as defined in S.C. Code § 16-25-20(A).
Penalty: Misdemeanor, up to 90 days in jail, $1,000-$2,500 fine, treatment and rehabilitation, firearms restrictions.
Notes: In the South Carolina domestic violence law, there are legal definitions for the various aggravating factors. For example, the law explains what constitutes a great or moderate bodily injury, a prior conviction, or a protection order. See the list of definitions in S.C. Code § 16-25-10.
South Carolina’s domestic violence law was amended in 2015. The new law made domestic violence a more serious offense, raising potential penalties.
Gun Rights & Domestic Violence Convictions
One of the potential penalties for domestic violence that is often upsetting to those charged is firearms and ammunition prohibitions. You may use a service weapon in your employment or may be an outdoor enthusiast. Whatever your situation, a conviction for domestic violence can prevent you from lawfully possessing a gun.
S.C. Code § 16-25-30 prohibits a person from possessing, receiving, or transporting a firearm or ammunition if they have been convicted of domestic violence in any of the following circumstances:
- Domestic violence in the first degree in violation of S.C. Code § 16-25-20(B)
- Domestic violence of a high and aggravated nature in violation of S.C. Code § 16-25-65
- In the second degree with a finding of moderate bodily injury to a household member
- In the second or third degree, with the judge ordering a prohibition on firearms or ammunition
- With a valid family court order of protection, with specific findings of assault, bodily injury, harm, or an attempt to cause harm with present ability and reasonable fear of imminent peril
The prohibition imposed by this subsection lasts for a varying period depending on the underlying conviction. For conviction of domestic violence of a high and aggravated nature, the prohibition is for life.
For a first-degree domestic violence conviction, the prohibition lasts for 10 years from the date of conviction or release from confinement.
Note: For the purposes of S.C. Code § 16-25-30, a South Carolina conviction or a similar conviction in another jurisdiction is considered.
Violation of S.C. Code § 16-25-30 is a unique offense, with penalties varying based on the severity of the underlying conviction.
Need help with a South Carolina Domestic Violence Charge?
If you are facing a domestic violence legal charge, Shealey Law Firm can assist you. A charge alone is not a conviction, and you have the right to fight the charges against you. Often, domestic violence charges can be fought by aggressively questioning the allegations against you, including challenging witnesses and the interpretation of evidence. Our law firm can help you prepare and present your defenses.
Beating a criminal domestic violence charge in South Carolina requires a legal strategy. The credibility of the accuser may be called into question during cross-examination. You may need to illustrate that law enforcement never considered defenses that may apply, such as self-defense.
You may need to address additional charges and lesser included offenses. A charge may come in the context of a protective order or family court case, and you need legal representation that understands the entire circumstances, fighting for your legal and personal interests.
Talk to a Lawyer
Domestic violence charges can harm you now and in the future, but you can fight back. At Shealey Law Firm, we are committed to skilled and aggressive legal representation that gets results. We handle domestic violence cases, representing the accused in all stages of their defense.
To talk to a lawyer and start your case, contact us now.