A domestic violence charge can apply between family members or persons who live in the same household. An alleged victim does not press charges; instead, a prosecutor on behalf of the State does. Under South Carolina’s “no drop” policy, neither the victim nor the prosecution can simply decide to drop charges once the process has begun. In this blog, our domestic violence attorneys in Greenville, SC, discuss the state’s “no drop” policy and what it means if you are facing domestic violence charges.
Who Can Be Charged with Domestic Violence Charges in SC?
Domestic violence is considered any abusive behavior targeting a family or household member. Any act that attempts to harm another person or that does inflict harm qualifies as domestic assault. Under South Carolina law, the alleged victim must share one of the following relationships with the perpetrator:
- Spouse
- Former spouse
- Live together
- Used to live together
- Share a child together
How South Carolina’s No-Drop Policy Works
If you have been charged with domestic violence, you may be wondering if it is possible for the victim to drop the charges brought against you. This right is only reserved by the government, not the victim, and only applies in certain circumstances. The “no drop” policy is instituted to protect future victims from the potential abuser.
Once the case reaches trial, the prosecution cannot have the charges dropped. The reason? The state would not want to drop charges due to the victim feeling pressure from their abuser, only to have that abuser harm other individuals.
Domestic Violence Charges Can Be Dismissed or Reduced
Although charges cannot be dropped once your case reaches court, they can be dismissed or reduced if the prosecution does not have ample evidence to prove your guilt beyond a reasonable doubt. Alternatively, if there is sufficient evidence against you, but some of which was collected unlawfully, then the charges against you may be dismissed. Most commonly, this occurs when the chain of custody is broken (e.g., missing documentation for certain evidence that calls into question its authenticity).
Another procedural issue in domestic violence cases occurs when there is an illegal search and seizure. This may take place if the police searched the aggressor’s home without a warrant or failed to get consent. If you have reason to believe that evidence was illegally obtained to support your domestic violence charge, a member of our legal team is happy to assess your case.
Building a Defense Against Domestic Violence Allegations
If your case does proceed to trial, this does not automatically mean that you will be convicted. An experienced domestic violence lawyer will develop effective defense strategies to poke “holes” in the government’s case. This will create reasonable doubt in jurors’ minds, helping you avoid a conviction. If the allegations against you have been fabricated, our legal team will work to find evidence suggesting that the alleged victim is lying. A defense may involve pointing out inconsistencies in their testimony.
Domestic Violence Defense Attorneys Serving Greenville, SC
If you have been accused of domestic assault, it is important that you retain representation to combat such charges. Obtaining representation immediately is best to obtain the necessary evidence to reduce or dismiss the charges. At Eppes & Plumblee, our legal team has assisted numerous defendants in such matters, effectively protecting their freedom and reputation. To arrange your confidential case review with one of our defense attorneys, please contact us online or call (864) 581-3450 today.