Our SC domestic violence lawyers at the Thompson & Hiller Defense Firm routinely handle domestic violence allegations against our clients, often getting them dismissed without the need for a trial.
Can we get your domestic violence charges dismissed?
Although many of our clients’ cases are dismissed before trial, we cannot guarantee an outcome for any specific client – whether a case is dismissed, pleads to a negotiated outcome, or goes to trial with a jury depends on many different factors, and every case is different.
Call our office for a free case evaluation and consultation or continue reading to learn more about domestic violence laws in South Carolina.
What is Domestic Violence in SC?
A person could be charged with various “degrees” or levels of domestic violence depending on the severity of the allegations and whether aggravating circumstances are present.
Your domestic violence lawyers will answer your questions specific to your case based on your specific charges and the facts of your case, but, below, we will cover the basic elements of each type of domestic violence in SC.
All degrees of domestic violence have these elements found in SC Code § 16-25-20:
- You caused physical harm or injury to a household member; or
- You offered or attempted to cause physical harm or injury to a household member, with the present ability to follow through, under circumstances that reasonably created a fear of imminent peril.
These are the elements of third-degree domestic violence, but the charges can become more serious when aggravating circumstances are present.
Domestic Violence Third Degree
DV in the third degree carries up to 90 days in jail and requires only that you cause physical harm or offer or attempt to cause physical harm to a household member.
If you are charged with DV third-degree and do not have a prior record, your domestic violence lawyers may be able to negotiate PTI (pretrial intervention). If you enter the program and complete the requirements, your charge will be dismissed and expunged.
Other possible outcomes include:
- A suspended sentence and “batterers counseling,”
- Jail time if convicted and the facts of the case are bad,
- An acquittal after trial,
- A dismissal by the court on procedural grounds, for constitutional violations, or for insufficient evidence, or
- A dismissal by the prosecutor before trial.
A conviction for DV third-degree can be expunged after five years if there are no other convictions.
Domestic Violence Second Degree
DV in the second degree carries up to three years in prison. It requires that you cause physical harm or offer or attempt to cause physical harm to a household member, and:
- There is or could have been “moderate bodily injury,”
- You were violating a protection order at the time of the incident while committing a DV third degree,
- You have a prior conviction for domestic violence within the past 10 years, or
- While committing a DV third degree:
- The offense was committed in the presence of a minor,
- The alleged victim was pregnant,
- The offense was committed during a robbery, burglary, kidnapping, or theft,
- The alleged victim was choked; or
- You prevented the alleged victim from accessing their cell phone or computer to call for help.
When is Domestic Violence a Felony in South Carolina?
Some domestic violence charges are felony offenses in SC, including DV 1st degree, and domestic violence high and aggravated.
Each “level” or degree of domestic violence is a lesser-included offense of the more serious DV offenses, which means, in appropriate cases, your domestic violence lawyers might be able to negotiate a lesser offense or jurors at trial might find you guilty of a lesser offense than the one charged.
Domestic Violence First Degree
DV in the first degree is a felony punishable by up to ten years in prison. It requires that you cause physical harm or offer or attempt to cause physical harm to a household member, and:
- There is or could have been “great bodily injury,”
- You were violating a protection order at the time of the incident while committing a DV second degree,
- You have two or more prior convictions for domestic violence within the past 10 years,
- You used a firearm while committing domestic violence, or
- While committing a DV second degree:
- The offense was committed in the presence of a minor,
- The alleged victim was pregnant,
- The offense was committed during a robbery, burglary, kidnapping, or theft,
- The alleged victim was choked, or
- You prevented the alleged victim from accessing their cell phone or computer to call for help.
Domestic Violence of a High and Aggravated Nature (DVHAN)
DVHAN is a felony punishable by up to 20 years in prison. It requires that you cause physical harm or offer or attempt to cause physical harm to a household member, and:
- It happened “under circumstances manifesting extreme indifference to the value of human life” and the alleged victim suffers great bodily injury, or the alleged victim reasonably feared great bodily injury or death, or
- You were violating a protection order at the time of the incident while committing a DV first-degree.
“Circumstances manifesting extreme indifference to the value of human life” are defined as:
- Using a deadly weapon,
- Choking the alleged victim, and they lose consciousness,
- Committing the offense in the presence of a minor,
- The alleged victim was pregnant,
- The offense was committed during a robbery, burglary, kidnapping, or theft, or
- You prevented the alleged victim from accessing their cell phone or computer to call for help.
Other Domestic Violence Laws in SC
Your domestic violence lawyers at Thompson and Hiller can answer your questions about other SC DV laws as well as potential “collateral consequences” if you are convicted of DV in SC, including:
- Firearm possession: if you are convicted of domestic violence, you will lose your right to own a firearm or to hold a concealed carry license.
- Expungement: a domestic violence third-degree conviction can be expunged in SC after five years, but more serious convictions cannot be removed from your record.
- Strangulation: although SC’s DV laws target strangulation as an aggravating circumstance that results in significantly more jail time after a conviction, SC legislators are currently considering a law that would create the new crime of “strangulation.”
- Restraining orders: alleged DV victims can seek a restraining order from a magistrate or an order of protection from a family court judge.
- Primary aggressor: under SC Code § 16-25-70, the responding officer must determine who the primary aggressor was and only arrest that person and the court may dismiss charges against the party who was not the primary aggressor.
Criminal Defense Lawyers in Myrtle Beach, SC, and Columbia, SC
The criminal defense attorneys at the Thompson & Hiller Defense Firm focus exclusively on criminal defense cases in SC. We have obtained dismissals, pre-trial diversion resulting in dismissals, or acquittals following trial in hundreds of criminal cases, and we have a record of proven results.
We accept criminal defense cases in Columbia, SC as well as Myrtle Beach, SC, and the surrounding areas, with offices in both locations to better serve your needs.
If you have been charged with a crime in SC or if you think you may be under investigation, call us now at 843-444-6122 or contact us through our website for a free initial consultation to find out if we can help.
