South Carolina Domestic Violence Defense

Involved in a Domestic Violence Dispute in South Carolina?

Qualified South Carolina criminal defense attorneys have the knowledge, skill and experience that will provide you with the best possible defense for your case

Facing Domestic Violence Charges

The immediate need of a defense attorney after being arrested for a domestic violence dispute is no simple matter. If you are being charged with domestic violence, this complicated matter can certainly make you feel as if there are no solutions to your situation. In many cases, a domestic violence defendant can face being ordered to leave his or her home; being prohibited to visit or even see his or her children; and can even demand imprisonment. While these are some of the most severe results of being charged with domestic violence, they are nonetheless common results. In many cases, defendants will also run the risk of losing his or her employment. This is particularly true if the defendant works in the justice field or public sector.

If you have been accused and charged with domestic violence, an expert attorney can champion for your rights. A criminal defense attorney will see that the charges you are facing fit your crime. Further, he or she will fight to protect your rights and see these rights are upheld and protected.

Domestic Violence

The United States Department of Justice website defines domestic violence as being a recurring behavior which is abusive in a relationship. This abusive behavior is typically caused by one individual on to the other in order to be controlling or gain power over him or her. Domestic violence can take many forms. It can be sexual abuse, or even economic abuse. Domestic violence can also be psychological abuse. Threatening, which negatively influences a victim, can also be considered domestic violence. The most commonly known form of domestic violence is physical, however, in which on partner physically hurts or injures the other. In domestic violence disputes, abusive patterns of behavior can include, but are not limited to:

• A recurring humiliation of an individual;
• Purposefully terrorizing or coercing the other individual; and/or
• Repeatedly intimidating and manipulating a victim.

While domestic violence is most commonly initiated between intimate partners, domestic violence can also be a charge concerning anyone who lives under the same household. For example, domestic violence can happen between parents and children, grandparents, or any other individual who lives in the same property. No relation to the individual is necessary.

What Are The South Carolina Penalties If You Are Charged?

If you are officially determined guilty in domestic violence charges, South Carolina penalties range from misdemeanor to felony classification. Second and third-degree domestic violence classifications are both considered misdemeanors, and consist of the following:

• Domestic Violence in the 3rd Degree. The form of pure domestic violence that has the smallest penalty, this is the “physical harm or injury” done to another “household member”, which is also how South Carolina separates regular assault from domestic assault. To commit this offense, or to offer or attempt to cause physical harm or injury to a household member (with apparent present ability to reasonably create imminent fear) is punishable by a fine of between $1,000 and $2,000 and/or jail time up to 90 days.
• Domestic Violence in the 2nd Degree. This classification is quite similar to 3rd Degree in that the defendant either caused harm or injury to a household member or threatened it, but a 2nd Degree factor must include just one of the following certain other aggravating factors to raise to 2nd degree. Those factors include:
  • Moderate bodily injury results or the act was accomplished by means likely to result in moderate bodily injury; for example, the victim lost consciousness, suffered temporary or moderate disfigurement, temporary loss of the function of a bodily member or organ that needs medical attention using regional or general anesthesia, or fracture or dislocation.
  • If the crime was committed while the defendant was also in violation of a protection order.
  • If the defendant had a conviction for Criminal DV or DV in the last 10 years.
  • If the act was done in the presence of a minor or can be seen or heard by a minor (which, may also be considered emotional abuse for both the direct victim, and the child observing)
  • If the offender knew or should have known that the alleged victim was pregnant.
  • If the offense was committed during a robbery, burglary, kidnapping, or theft.
  • If the offender used force to block the alleged victim’s access to a phone or electronic device to stop them from calling the police or medical care.
• If convicted, the defendant is guilty of a misdemeanor and will receive a fine between $2,500 and $5,000, or jail up to 3 years, or both.
• Domestic Violence in the 1st Degree. In the way that a 2nd Degree DV crimes relates to a 3rd Degree DV crime, a factor has to be proven in addition to the violence or threat noted in the previous list. These factors include:
  • Great bodily injury occurs, or injury that causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
  • Violation of a Protection Order AND any other CDV 2nd factor.
  • Two or more conviction of CDV or DV in the past 10 years.
  • Use of a firearm in any manner or threat of the use of a firearm, whether or not the firearm is present.
• If convicted, the person is guilty of a felony and can be imprisoned up to ten (10) years.

Additionally, South Carolina has a specific DV crime category for “Domestic Violence of a High and Aggravated Nature”, or DVHAN. Like 2nd Degree and 1st Degree, DHVAN crimes require an additional factor to the now three base domestic violence offenses. These factors are:

• The offense is committed under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results.
• The offense is committed, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death.
• The accused violates a protection order and, in the process of violating the order, commits domestic violence in the first degree.

Facing Wrongful Domestic Violence Accusations

Unfortunately, there are countless situations in which one individual wrongfully accuses his or her partner of committing domestic violence. Aggrieved partners are able to make a simple accusation that will spark an investigation, which can ultimately change a person’s life. When feeling angry or betrayed, a resentful partner can make a wrongful accusation in an attempt to get revenge. Messy divorces or separations can often be a difficult situation to experience and if children are involved, it is common to see false accusations arise due to the attempt to gain sole custody of the children. These types of cases can quickly become very stressful and traumatic. A dangerous battle of hearsay can take a complete hold on your entire life. False accusations can be common and if this is your case, contacting an expert attorney can help overturn your case.

The Repercussions of Being Accused of Domestic Violence

Being charged with domestic violence can be one of the most devastating crimes you can be charged with. If you have been accused and charged with domestic violence, it is important that you know that this type of case can affect your employment. It can also affect any future employments and/or promotions. Hiring a qualified attorney who has experience in the matter can greatly benefit your case. An expert attorney will be able to determine if the charges filed against you fit your actions. He or she will also be able to see that your civil rights are being upheld.

If you have been blamed and charged with domestic violence, the implications of such can take an immediate effect on your life. Before you are legally convicted, you can be forced to move out of your home and you can also be prohibited to have contact with your children, if they are underage. Many domestic violence convictions can indicate a denial or severe visiting limitations with your children. In the worst cases, a conviction can implicate a complete loss your child’s custody. In addition to losing parental rights, a domestic violence defendant can be imprisoned, pay fines or post bail, be ordered to enroll in anger management programs, counseling, or even be placed in probation.

Defend Your Case

Being charged with domestic violence can have serious and immediate consequences. Unbeknown to many defendants, investigations can begin immediately without the need of much evidence. It is important that you begin working on your defense case sooner, rather than later. Don’t wait until it becomes harder to prove your case, begin defending your case immediately. Hiring an expert criminal defense attorney can be beneficial to your case. False accusations can happen to anyone, and even if that is not your case, you still have rights that can and should be protected. A qualified attorney should be knowledgeable and experienced in investigating the complications and difficulties of a domestic violence case. A professional attorney will also be sympathetic to the emotional nature of the case. A qualified criminal defense attorney will have the knowledge, skill and experience that will provide you with the best possible defense to your case.