Charleston, SC.

Domestic Violence Criminal Defense

Domestic Violence is one of the most scrutinized crimes a person can be charged with. Domestic Violence charges can be life-changing, and facing those charges alone only increases the chances of a conviction or unfavorable outcome. 

What South Carolina Law Says About Domestic Violence

In South Carolina, there are four varying degrees of Domestic Violence, ranging from misdemeanor to felony offenses. The degree to which a person is charged depends largely on the type of injury caused or threatened during the incident. In order to be charged with Domestic Violence in South Carolina, the parties involved in the incident must be “household members”. A household member is defined as a spouse, former spouse, persons who have children in common, or a male and female who are living together or formerly lived together.

Four Degrees of Domestic Violence in South Carolina:

Domestic Violence in the 3rd Degree

In South Carolina, all charges of domestic violence start at the 3rd Degree and can be increased if other factors exist. Domestic Violence in the 3rd Degree is simply defined as causing or attempting to cause injury to a household member. 

Domestic Violence in the 3rd Degree is a misdemeanor, and a person convicted under this statute could face up to 90 days in jail and fines up to $2,500.

 

Domestic Violence in the 2nd Degree

Domestic Violence in the 2nd Degree can occur when:

  1. A person causes or attempts to cause “moderate bodily injury” to a household member
  2. A person already has one conviction for domestic violence in the last 10 years
  3. A person violates an order of protection while committing the crime of Domestic Violence in the 3rd Degree.

Domestic Violence in the 2nd Degree is a misdemeanor, and a person convicted under this statute could face up to 3 years in prison and fines ranging from $2,500 – $5,000.

 

Domestic Violence in the 1st Degree

Domestic Violence in the 1st Degree can occur when:

  1. A person causes or attempts to cause “great bodily injury” to a household member
  2. A person already has two or more convictions for domestic violence in the last 10 years
  3. A person violates an order of protection while committing the crime of Domestic Violence in the 2nd Degree.

Domestic Violence in the 1st Degree is a felony, and a person convicted under this statute could face up to 10 years in prison.

 

Domestic Violence of a High and Aggravated Nature

Domestic Violence of a High and Aggravated Nature (DVHAN) occurs when a person causes, or attempts to cause, an injury to a household member under circumstances that manifest an extreme indifference to the value of human life. Examples of this include committing the offense by using a deadly weapon, committing the offense against a pregnant person or in front of a minor, committing the offense during the commission of another crime such as kidnapping or burglary, etc., and impeding a person’s ability to breathe causing them to lose consciousness. 

Domestic Violence of a High and Aggravated Nature is considered both a Violent and Serious felony offense in South Carolina, and a person convicted under this statute could face up to 20 years in prison.

spouse, persons who have children in common, or a male and female who are living together or formerly lived together.

Contact Us Today

Speaking with an experienced criminal defense attorney, like Ashley Cornwell of the Cornwell Law Firm, is highly recommended. If you have been charged or believe you will be charged with Domestic Violence we can help build a strong defense against the charges. Our firm focuses on providing top-notch legal representation and individualized service. Contact us for a consultation today.

Contact Our Law Firm

Ashley and her team at Cornwell Law Firm, LLC take cases throughout the State of South Carolina and will travel wherever they are needed to come to your defense. If they can’t provide the legal services you need, they will help you find an attorney who can.

To secure an attorney who will fight fervently to defend you from a criminal charge, call (843) 595-6003 or complete our online contact form today.