If you have been accused of physically harming or attempting to harm someone with whom you share a special relationship, you may be facing domestic violence charges. Domestic violence only applies to individuals who are married, formerly married, live together, or formerly lived together, or share a child. South Carolina law has four different types of domestic violence charges, with aggravating circumstances potentially causing a charge to be enhanced to a higher degree.
Our domestic violence lawyers know what constitutes domestic violence and the potential consequences. We provide an assertive defense in DV cases and will guide you through the legal process.
Domestic Violence in the Third Degree
Domestic violence in the third degree is the base level offense, which entails that the defendant either threatened, attempted to physically harm, or physically harmed a family member or household member. Third-degree domestic violence is punishable by up to 90 days in prison and fines ranging from $1,000 to $2,500.
Domestic Violence in the Second Degree
A charge for second-degree domestic violence requires that the accused satisfy all the requirements for third-degree domestic violence, and in addition:
- The act results in moderate bodily injury or is likely to result in moderate bodily injury
- You have at least one domestic violence conviction in the past ten years
- The offense was committed during a robbery, burglary, kidnapping, or theft
- You violated a protection order
- The offense was committed against a pregnant woman
- You committed the offense in front of a minor
- The offense involved attempting to choke or suffocate the victim.
- You prevented the victim from contacting the police or emergency medical services
If convicted, you may be imprisoned for a maximum of three years and fined $2,500 to $5,000.
Domestic Violence in the First Degree
According to SC Code §16-25-20 (B)(1), you will be charged with domestic violence in the first degree if a special relationship exists between the offender and victim, if you cause harm or threaten to cause damage, and at least one of the following situations applies:
- The offense causes significant bodily injury or is likely to cause substantial physical injury to a household or family member
- You violated a protection order, and an aggravating circumstance exists. You have had two or more domestic violence convictions in the past ten years
- If you used a gun in the commission of the act
At least two of the following aggravating circumstances exist:
- You committed the offense in front of a minor
- You committed the offense against a pregnant woman or someone that you reasonably should have known was pregnant
- The offense was committed during a robbery, burglary, kidnapping, or theft
- You attempted to choke or suffocate the victim
- You prevented the victim from calling the police or for emergency medical help
First-degree domestic violence is a felony offense. If convicted, you may be sentenced to a maximum of 10 years in prison.
Domestic Violence of a High and Aggravated Nature (DVHAN)
The most serious domestic violence charge in South Carolina is Domestic Violence of a High and Aggravated nature. This charge is reserved for individuals who show an “extreme indifference to the value of human life,” which may include any of the following:
- The victim suffered significant bodily injury (the victim nearly died or suffered permanent disfigurement or loss or impairment of a body part) or feared significant bodily injury or death
- You used a deadly weapon in the commission of the offense
- The victim was pregnant
- You committed the offense in the presence of a minor
- The offense was committed during a robbery, burglary, kidnapping, or theft
- You prevented the victim from accessing a phone to call the police or emergency medical services for help
DVHAN is a felony offense, punishable by up to 20 years in prison. This charge can be challenging to defend, requiring that relevant evidence be presented to disprove the allegations against you.
Our Attorneys Advocate for Your Rights
Domestic violence can range from hitting, punching, slapping, or kicking to verbal abuse, which can make the victim fearful for their safety. Oftentimes, domestic violence charges may be pressed erroneously, leaving the alleged offender with criminal charges that follow them in their future pursuits.
If you have been accused of domestic violence, you need someone who can stand up for your interests to combat such charges effectively. If you are interested in speaking with someone who can assess your case, explain your rights, and build you the most vigorous defense possible, look no further than Eppes & Plumblee.
To schedule your confidential case review, do not hesitate to contact us online or by calling (864) 581-3450.