In South Carolina, domestic violence is a serious offense punishable by imprisonment and fines. Penalty severity depends on the offense severity. Under state law, a domestic violence charge can only apply if you and the victim share a special relationship. The law is extremely strict in this regard; the charge applies only to those who are married, were married, live together, used to live together, or share children. In this blog, our domestic violence attorneys in Greenville, SC, discuss the different types of domestic violence charges and penalties.
Domestic Violence in the Third Degree
Domestic violence in the third degree is the base level offense, pertaining to a situation in which the accused:
- Causes physical harm or injury to a household or family member; or
- Threatens harm or attempts to cause harm or injury to a household or family member.
Penalties for Domestic Violence in the Third Degree
Third-degree domestic violence is a misdemeanor offense, punishable by up to 90 days in prison and fines ranging from $1,000 to $2,500. In some cases, a judge may suspend your sentence if you meet certain criteria.
Domestic Violence in the Second Degree
Under SC Code §16-25-20 (C), a person may be charged with domestic violence in the second degree if they harm or threaten to harm a household member, and at least one of the following occurred:
- If it resulted in moderate bodily injury or was likely to result in moderate bodily injury to the victim
- The perpetrator has been convicted of domestic violence within the past ten years
- If the perpetrator violated an existing protection order
- The perpetrator performed the act in front of a minor
- When the act was committed against a pregnant woman
- If the act was committed during a robbery, burglary, kidnapping, or theft
- The perpetrator attempted to suffocate or choke the victim
- If the perpetrator prevented the victim from calling the police or for emergency medical assistance
Penalties for Domestic Violence in the Second Degree
A conviction for domestic violence in the second degree is a misdemeanor offense. A conviction under the law is punishable by up to 3 years in jail and/or a fine of $2,500 to $5,000. In some cases, a judge may suspend your sentence and place you on probation.
Domestic Violence in the First Degree
Under SC Code §16-25-20 (B), you may be accused of first-degree domestic violence if the special relationship exists between you and the victim, if there is a threat of harm or harm occurred, and if at least one of the following circumstances applies:
- The accused caused great bodily injury or was likely to cause great bodily injury
- If the accused committed second-degree domestic violence while violating a protection order
- The accused has had two or more domestic violence convictions in the past ten years
- If the accused used a gun
- In the process of committing second-degree domestic violence, one of the following aggravating circumstances listed below also results
Aggravating circumstances:
- The act is committed in the presence of a minor
- You attempted to choke or suffocate the victim
- If an act is committed against a pregnant woman
- You prevented the victim from calling the police or for emergency medical assistance
Penalties for Domestic Violence in the First Degree
Under South Carolina law, first-degree domestic violence is a felony offense, punishable by a maximum ten-year prison sentence.
Domestic Violence of a High and Aggravated Nature (DVHAN)
The most serious type of domestic violence offense, DVHAN, is a separate offense that comes with harsh penalties if found guilty under the law. Codified as SC Code §16-25-65, DVHAN applies when the accused threatens to harm, or causes harm to a family or household member, and:
- The accused showed an “extreme indifference to the value of human life,” thereby causing the victim “great bodily injury.”
- If the accused showed an “extreme indifference to the value of human life,” thereby causing the victim a genuine fear for their safety
- The accused violated a protective order, resulting in domestic violence in the first degree
Under the law, showing “extreme indifference to the value of human life” may entail any of the following:
- The use of a deadly weapon
- Committing the act in front of a minor
- Attempting to choke or suffocate the victim
- Committing the act during the commission of a robbery, burglary, kidnapping, or theft
- Using physical force to prevent the victim from calling the police or emergency medical assistance.
Penalties for Domestic Violence of a High and Aggravated Nature
DVHAN is a felony offense, punishable by up to 20 years in prison. Both domestic violence in the first degree and DVHAN are “serious offenses” under South Carolina law, making them subject to more severe penalties. Under state law, a “serious” offense is controlled by the Three Strikes Law. This means that if a person has been convicted of two or more “serious” offenses, they can be sentenced to life in prison without the possibility of parole (LWOP) upon a third conviction.
How the Three Strikes Law Affects Domestic Violence Cases
If you have previously been convicted of domestic violence, it is more important than ever to avoid a subsequent conviction. The Three Strikes Law seeks to remove habitual criminals from society, meaning that your record will forever be tarnished. While you may want to forgo the hassle of hiring a lawyer, it could be the wisest decision you make to protect your freedom.
Domestic Violence Attorneys Advocating for Your Rights
If you have been accused of domestic assault, obtaining representation can help to ensure a successful case outcome. After assessing your situation, our legal team will discuss what defense strategies would benefit you. Our domestic violence lawyers in Greenville, SC, take a personal interest in each case and see it through from start to finish. To schedule your free case evaluation, contact us online or call (864) 581-3450.