If you are under investigation for harming another family member or household member, or attempting to harm that person, you may be charged with domestic violence. A domestic violence charge can result in prison time, fines, and a criminal history. South Carolina only permits domestic violence in the third degree (the base level offense) to be expunged. Even so, you will have to wait five years after your sentence is completed to apply. In the meantime, you will likely have trouble finding suitable employment or renting an apartment. If you are in the middle of a custody battle, you may be denied the right to see your children.
At Eppes & Plumblee, our domestic violence attorneys in Greenville, SC, understand the distress that comes with a domestic violence arrest or charge. To keep you better informed of your legal options, our legal team would like to discuss potential defenses that may be available to you in a domestic assault case.
False Accusations
Domestic partners, spouses, and even household members may fabricate stories without thinking twice about the legal implications. If you argue with a spouse in the heat of the moment, they may call the police as a way of getting even. Even if the allegations against you are false, law enforcement and prosecutors must take the accusations seriously. A domestic violence lawyer will conduct a thorough investigation to uncover what actually occurred and supply the necessary information to prove your innocence.
Defending or Protecting Others
Although the defense of others is similar to self-defense, it justifies the use of physical force to protect vulnerable persons. For instance, if your spouse or partner attempts to hit or strike your child, it is understandable that you would take appropriate steps to protect your child. While the defense of others is not an absolute defense, it will reduce your criminal liability.
Self-Defense
According to the state’s Stand Your Ground law, you are allowed to use reasonable force to protect yourself if you believe that you are in danger of suffering serious bodily harm or death. The ability to stand one’s ground is permitted in any place that you have a legal right to be. Under the statute, you have no legal obligation to retreat. In raising a self-defense claim, you must show adequate evidence to establish that you acted in self-defense. The burden will then shift back to the prosecution to disprove your claim. Just like defending others, self-defense is not an absolute defense.
Provocation
If the victim was teasing you or attempting to get you riled up, you may use a provocation defense. However, provocation can only be used in limited circumstances, with the court wanting to see a pattern of behavior that suggests that you were being continuously agitated by the victim. A successful claim will only result in your sentence being reduced, not having the charges against you dismissed.
Insufficient Evidence
To convict you, the prosecution must prove your guilt beyond a reasonable doubt. This is a high threshold to meet, and one that requires relevant and convincing evidence. Claiming insufficient evidence is common in domestic violence cases, where evidence is solely based on “he said, she said.” If our legal team believes that the prosecution has insufficient evidence against you, we will file a motion to dismiss. The motion can only be filed after the prosecution has presented its case, at which point it will be clear if there is insufficient evidence against you.
Experienced Domestic Violence Lawyers in Greenville, SC
Domestic violence can be shocking. You might worry that being charged means a conviction is guaranteed. This is false. With experienced legal help, you can avoid jail time. If you’re facing domestic assault accusations, our legal team is ready to identify any weaknesses in the prosecution’s case to help you achieve the best outcome. To learn more or to schedule a confidential consultation, contact us online or at (864) 581-3450 today.