Criminal Domestic Violence, or CDV, is the “willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another”, according to the South Carolina Coalition Against Domestic Violence and Sexual Assault. In laymen’s terms, when one person in a couple abuses their partner, whether they are dating or married. This includes various behaviors, including but not limited to physical and sexual assault, emotional abuse, and psychological violence.
Domestic violence charges in South Carolina are graded by degree under state law, and a conviction can carry jail time or prison, fines, and a criminal record (S.C. Code Ann. §§ 16-25-20 and 16-25-65).
Having a criminal defense attorney on your side can help you understand the charge and your options. If you are facing criminal charges for domestic abuse in South Carolina, call the Touma Law Group as soon as possible.
What is the Sentencing for Domestic Violence in South Carolina?
Criminal Domestic Violence comes in four different tiers in South Carolina.
- Domestic Violence 3rd Degree: a misdemeanor, up to 90 days in jail, and/or be fined up anywhere between $1000 and $2500
- Domestic Violence 2nd Degree: a misdemeanor, up to 3 years (36 months) of jail time, and/or a fine between $2500 and $5000
- Domestic Violence 1st degree: a felony, up to 10 years in prison
- Domestic Violence of a High and Aggravated Nature: a felony, up to 20 years in prison
South Carolina’s domestic violence statutes grade the charge by what the person did and by specific facts the statute lists, such as moderate bodily injury for second degree, great bodily injury for first degree, circumstances showing extreme indifference to the value of human life for the high and aggravated nature offense, and prior convictions or the presence of a minor (S.C. Code Ann. §§ 16-25-20 and 16-25-65). The injury, the circumstances, and the person’s history can all affect the degree charged.
The high and aggravated nature statute reaches conduct that would reasonably cause a person to fear imminent great bodily injury or death, with or without an accompanying battery, if it occurs under circumstances showing extreme indifference to the value of human life (S.C. Code Ann. § 16-25-65(A)). So in some situations a threat can be charged at a high level even when no one is injured.
What Happens After a Domestic Violence Arrest?
As with any other arrest, as soon as you are taken into custody it’s time to be quiet. Anything you say during your arrest will be recorded by police dashcams and by the body camera worn by the law enforcement officer. It is important to protect your 5th amendment right against self incrimination. As soon as possible you should contact a Greenville domestic violence defense attorney to represent you since a bond hearing for a domestic violence charge must occur within twenty-four hours after the arrest, and the court decides at that hearing whether you can be released while the case is pending (S.C. Code Ann. § 22-5-510(F)).
Once your attorney is able to look over your case and evidence, they will help you find the right path through your time in court. You should not contact the alleged victim at any point during your process in court, except through your attorney. Most judges award a “no-contact” order to defendants during their bond hearing, and if you are found in violation of this no-contact bond restriction a bench warrant will be issued for you.
The court that sets bond can place conditions on your release, including restrictions on travel, association, and place of abode (S.C. Code Ann. § 17-15-10(A)). Any violation of your bond conditions can lead to your arrest, so you should take the conditions of your bond seriously.
Be Prepared: Do You Need a Lawyer for Domestic Violence Charges in South Carolina?
What Defenses Apply to Domestic Violence Offenses?
Because domestic violence situations can vary so much, no single defense fits every case. Which degree applies depends on the facts alleged, such as the injury, any prior domestic violence conviction, or the presence of a minor, and a third degree charge is the base offense (S.C. Code Ann. § 16-25-20(D)).
Whether alcohol use matters to a charge depends on the facts and the law, and no one should assume that drinking will help a case. A lawyer can explain how the evidence applies to the elements the State must prove.
Receiving a domestic violence charge can be scary, but no matter the circumstances there is always a path to follow. Depending on your criminal history, the degree of the domestic violence charge, and the evidence presented against you, your criminal defense lawyer can explain your options. In some cases, that might include a plea offer, and some people charged with third degree domestic violence are eligible for pretrial intervention (S.C. Code Ann. § 16-25-20(D)(4); § 17-22-50). Every detail of the case can matter, and no lawyer can promise a particular outcome.
Are all Domestic Abusers Men?
There is a common misconception, especially in South Carolina, that domestic violence is only committed by men, against women. While female victims do make up the majority of domestic abuse and domestic sexual assault victims, women also make up a significant portion of domestic abusers. Domestic abuse can and does happen between mothers and their children, women and their partners, and wives and their spouses.
Because female offenders make up a smaller percentage than male offenders, events like a false arrest can see male victims jailed and tried in court when they are actually the victim. While it is rare, an experienced lawyer would be able to help the victim prove they are not the abuser, but the survivor.
Contact Touma Law Group for Help Defending a CDV Charge
With the highest potential penalty being 20 years in prison, facing domestic abuse or violence charges can be scary, especially for those who have never dealt with the court system in any capacity before. Even those who have experienced courtrooms before may find themselves lost and confused, with tons of questions.
No matter your situation, contacting a Greenville defense lawyer is a must. At the Touma Law Group there is nothing more important to us than a trusting attorney-client relationship, and helping our clients understand their options. During your initial consultation, our team with discuss your case with you, as well as help you figure out your eligibility for pre-trial intervention programs or alcohol counseling that may help your case, and well as build a customized defense for your case. Contact us to talk about your case.
