The State of South Carolina takes allegations of domestic violence seriously. If you have been accused of domestic violence, it is time to act. A conviction can carry jail time, impact your ability to possess a firearm, and come with other serious consequences. If you are charged with domestic violence, it is in your best interest to seek professional legal guidance from an experienced Greenville domestic violence attorney as soon as possible.
The Charge of Domestic Violence in South Carolina
Physically harming, attempting to physically harm, or credibly threatening to harm someone who is a household member in South Carolina is the crime of domestic violence.
In South Carolina, the crime of domestic violence occurs when a person does one of the following:
- causes physical harm or injury to a person’s own household member; or
- offers or attempts to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
The accused and the victim must be “household members”, which means they are married, used to be married, have a child in common, or are a male and a female who live together or used to live together.
The Severity of the DV Charge
Domestic Violence charges are broken down into four distinct categories in State of South Carolina with varying severity in penalties depending on the circumstances of the offense and alleged offender.
- Domestic Violence in the Third Degree occurs when someone either injures or threatens to injure a household member with a present ability to carry out the threat.
- Domestic Violence in the Second Degree occurs when someone causes moderate bodily injury to a household member. You may also be charges with Domestic Violence in the Second Degree when no moderate bodily injury results, but a minor witnessed the event, or the accused has a prior domestic violence conviction on their record within the past ten years.
- Domestic Violence in the First Degree occurs when the incident involves one or more aggravating circumstances, such as inflicting great bodily injury or committing an act likely to result in great bodily injury; committing Domestic Violence in the Second Degree while subject to a restraining order; having two or more prior convictions of domestic violence within ten years of the current offense; using a firearm in any manner while committing Domestic Violence in the Third Degree; or committing Domestic Violence in the Second Degree in the presence of a child, against a person known to be pregnant, or during the commission of a robbery, kidnapping or theft; impeding the victim’s breathing or air flow; or blocking a person’s access to a cell phone for the purpose of preventing them from contacting law enforcement or seeking medical attention.
- Domestic Violence of a High and Aggravated Nature occurs when the accused commits Domestic Violence in the First Degree and either commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results; commits the offense under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or the accused violates a protection order and, in the process of violating the order, commits domestic violence in the First Degree.
Discuss Your Case with an Experienced Greenville Domestic Violence Lawyer Today
At Cindy Crick Law, I am an accomplished Greenville domestic violence lawyer with extensive experience prosecuting and defending these cases. I work hard to get the best possible outcome for every valued client I represent, and I am here for you, too. For more information about how I can help, please contact me online or call 864-775-5788 today.
