Columbia Domestic Violence Defense Attorneys

What are domestic violence charges, exactly?

Prosecutors take domestic crimes very seriously and separate them from assault and battery. In fact, there is an entire section on domestic violence in the state criminal code. Domestic violence crimes are laid out under South Carolina Code § 16-25 and must meet these elements in order for you to be charged and convicted according to law:

• An individual caused physical harm or injury to a household member, or
• An individual offered or threatened to cause physical harm or injury to a household member, with the present ability to follow through, that reasonably created a fear of imminent peril

Also, domestic violence charges can be either in the first, second, or third degree, or domestic violence of a high and aggravated nature (DVHAN). The charges levied against you can depend on the severity of the accusations and whether or not you have a previous conviction for a domestic violence offense. The degrees and possible penalties for a domestic violence conviction are as follows.

Domestic violence of a high and aggravated nature

DVHAN is a felony crime. An individual can be charged with DVHAN if he or she causes, threatens, or attempts to cause physical harm to a household member with the following factors:

• 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 reasonably causes the victim to fear imminent injury or death
• Violates a protective order and, in the process, commits domestic violence in the first degree

A conviction of DVHAN can mean up to 20 years in jail.

First-degree domestic violence

Domestic violence (DV) in the first degree is also a felony, and an individual can be charged if he or she causes, threatens, or attempts to cause physical harm to a household member with the following factors:

• Great bodily injury to the victim results or could have resulted
• The individual was violating a protective order while committing second-degree DV
• The individual had two or more prior domestic violence convictions in the past 10 years
• The individual used a firearm while committing a DV offense
• The DV was committed in front of a minor
• The victim was pregnant
• The offense was committed during a theft or kidnapping
• The individual prevented the victim from accessing a phone or computer to call for help

A conviction for first-degree domestic violence can result in up to 10 years in jail.

Second-degree domestic violence

Domestic violence in the second degree is quite similar to first-degree DV, but the threshold is slightly lower. Instead of “great bodily injury,” second-degree DV involves “moderate bodily injury.” An individual can also be charged with DV in the second degree if he or she was violating a protection order while committing third-degree domestic violence.

Second-degree domestic violence is a misdemeanor and a conviction carries up to three years in jail.

Third-degree domestic violence

These charges are the least severe of DV allegations, but are still serious. An individual can be arrested for domestic violence in the third degree for causing, threatening, or attempting to cause harm to a household member. A conviction for third-degree DV can result in up to 90 days in jail.

However, if you don’t have a prior record, you may be eligible for pretrial intervention and, if successfully completed, your charges can be dismissed and expunged. You also may be eligible to complete a domestic violence intervention program, which can help you avoid serving any jail time. Your domestic violence defense attorney can explain more about having your charges lessened or dismissed.