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Domestic violence charges are some of the most serious criminal charges. But you can defend yourself. Shealey Law Firm is a domestic violence attorney in Columbia. We explain the consequences of domestic violence and what to do if you’re facing charges.
What Is Criminal Domestic Violence (CDV) in South Carolina?
Criminal domestic violence (CDV) in South Carolina is:
- Causing physical harm or injury to a household member.
or
- Threatening or attempting to cause physical harm or injury to a household member, with a present ability to do so, or creating a reasonable fear of imminent harm.
What does it mean to be a household member?
For South Carolina domestic violence laws, a household member includes a spouse, former spouse, people who have a child together, and cohabitating or formerly cohabitating opposite-sex couples.
SC’s Three Degrees of Domestic Violence and What Each Carries
South Carolina domestic violence laws create three degrees of charges, with the first degree being the most serious and the third degree being the least serious.
Some of the factors that may elevate charges to a higher degree are:
- Bodily harm, and the severity of bodily harm
- Prior convictions within the last ten years
- Pregnant victim
- Use of a firearm
- Restriction of the victim’s breathing
- Violation of a protection order
- Preventing others from calling emergency responders
Remember that the state must prove the entire case against you. If they can’t prove the aggravating factors, they can’t prove the charges in full. A criminal defense attorney can evaluate your case.
CDV 3rd Degree: The Most Common Charge and What It Means
South Carolina domestic violence of the third degree is the most common assault and battery charge, and is also the least serious. CDV third degree is domestic violence without aggravating factors.
CDV 3rd degree in SC is a misdemeanor punishable by up to 90 days in jail, plus a $1,000-$2,500 fine. An offender may be eligible to participate in a pre-trial intervention program.
CDV 2nd Degree: It’s More Serious
Second degree domestic violence in South Carolina requires moderate bodily injury, means likely to cause moderate bodily injury, one prior domestic violence condition in the past 10 years, or domestic violence in the third degree with other aggravating factors.
CDV 2nd degree in SC is a misdemeanor punishable by up to three years in prison and a $2,500-$5,000 fine.
Aggravating factors for first and second degree domestic violence charges include:
- Presence of a minor
- Pregnant victim
- Offense during a robbery, burglary, kidnapping, or theft
- Impeding victim airflow
- Blocking access to communication devices to call emergency responders
- Violating a protection order
When any of these conditions are present, the offense may move up a degree of severity. A lawyer can evaluate your case.
CDV 1st Degree: When It Becomes a Felony
First degree domestic violence in South Carolina requires great bodily injury, means likely to cause great bodily injury, two prior domestic violence conditions in the past 10 years, or domestic violence in the second degree with other aggravating factors.
CDV 1st degree in SC is a felony punishable by up to 10 years in prison.
Domestic Violence of a High and Aggravated Nature
Domestic Violence of a High and Aggravated Nature is even more serious than first-degree domestic violence. It involves great bodily injury or aggravated first degree assault and battery. It is punishable by up to 20 years in prison.
See S.C. Code § 16-25-65.
Can Domestic Violence Charges Be Dropped in SC?
Yes, domestic violence charges can be dropped in SC. Like any other criminal case, the prosecutor (solicitor) may realize that they can’t prove the charges, or that it’s not in the interests of justice to pursue charges further. The victim may give input, but they don’t have the final say.
If you’ve been ordered to have no contact with the alleged victim, follow the order.
Your attorney can approach the prosecutor with a strategy that may include asking for dismissal, pre-trial intervention, or a favorable plea agreement.
Long-Term Consequences: Guns, Custody, Employment
A domestic violence conviction can come with serious consequences for employment, child custody, gun ownership, immigration, and more.
The best time to contact a lawyer is as soon as possible. A domestic violence attorney in South Carolina can protect your rights.
Defenses Against CDV Charges in South Carolina
Even though CDV charges in South Carolina are serious and complex, domestic violence cases are often defensible. The victim may be the only accuser. A victim may not correctly perceive or remember a situation. They may be untruthful. In addition, self-defense may apply. The degree of bodily harm can be subjective.
Remember that the state must prove the case against you. A lawyer can present a strategic defense.
Why You Need a Defense Attorney Before Your Bond Hearing
A domestic violence bond typically includes restrictions on where you can go and what you can do. You’ll probably be ordered not to have contact with the alleged victim. You may find yourself removed from your home.
A defense attorney for your bond hearing can quickly learn about your situation and ask the judge for reasonable conditions. These requests can help you go about your life while you wait for the charges to resolve. Don’t wait to contact a lawyer.
Talk to a Domestic Violence Attorney in South Carolina
Shealey Law Firm handles criminal domestic violence cases in SC. Contact us today.