Domestic violence charges in South Carolina carry serious legal and personal consequences. A conviction can lead to jail time, fines, and a lasting criminal record that affects employment, housing, and custody rights. The state has strict laws on domestic violence, with offenses classified by degree based on the severity of the alleged incident. Understanding these laws and the potential defenses available is essential when navigating the legal process.
A strong legal defense can make a significant difference in the outcome of a domestic violence case. At Touma Law Group, our domestic violence lawyers in Columbia work to protect clients from harsh penalties and wrongful accusations. We provide experienced representation, guiding you through each step of the legal process. If you or a loved one has been charged with domestic violence, call our firm at (803) 879-4499 to discuss your case and explore your legal options during a free consultation.
How Does South Carolina Define Domestic Violence?
South Carolina law defines domestic violence as either causing or threatening/attempting to cause physical harm to a member of the same household. This includes couples who are currently or were formerly married, couples who have a child together, and people who either currently live together or used to live together. This is what makes domestic violence incidents so complicated, it often occurs between spouses, significant others, or close members of the household.
Domestic violence is generally a method of gaining power and establishing control over the victim. Because of this, domestic violence is often both physical and psychological in nature.
It is important to remember that just being arrested and charged with domestic violence in South Carolina does not confer guilt on you. Working with an experienced domestic violence law attorney will help you determine what opportunities you have to defend yourself, and allow you to avoid common pitfalls while fighting your criminal charges.
Types of Domestic Violence Charges in South Carolina
South Carolina categorizes domestic violence offenses based on the severity of the alleged actions, the injuries involved, and any prior offenses. These charges range from misdemeanors to serious felonies, each carrying different penalties.
- Domestic Violence in the Third Degree: This is the least severe domestic violence charge. A person may face third-degree charges if they cause or attempt to cause physical harm to a household member or threaten them with harm. It is a misdemeanor punishable by up to 90 days in jail and fines up to $2,500.
- Domestic Violence in the Second Degree: This charge applies when the offense results in moderate bodily injury or involves aggravating factors, such as prior domestic violence convictions or violations of a protective order. It is a misdemeanor punishable by up to three years in prison and fines up to $5,000.
- Domestic Violence in the First Degree: First-degree domestic violence is a felony and involves serious bodily injury, the use of a firearm, or a pattern of repeated offenses. A conviction can result in up to 10 years in prison.
- Domestic Violence of a High and Aggravated Nature (DVHAN): This is the most serious domestic violence charge in South Carolina. It applies when the act is extremely violent, involves a deadly weapon, or shows an extreme disregard for human life. DVHAN is a felony punishable by up to 20 years in prison.
Learn More: Can Women Be Charged With CDV?
Penalties for Domestic Violence Charges in Columbia, SC
Domestic violence charges in South Carolina come with a range of penalties depending on the severity of the offense. Convictions can result in financial, legal, and personal consequences that vary based on the degree of the charge and any aggravating factors.
Fines and Court Fees
Financial penalties are a common component of domestic violence convictions. These can include fines ranging from a few hundred to several thousand dollars, depending on the degree of the charge. In addition to fines, defendants are often responsible for court fees and costs associated with required programs or services, which can increase the overall financial burden.
Jail Time and Probation
The potential for incarceration depends on the severity of the charge:
- Third-degree domestic violence: Up to 90 days in jail.
- Second-degree domestic violence: Up to three years in prison.
- First-degree domestic violence: Up to 10 years in prison.
- Domestic violence of a high and aggravated nature (DVHAN): Maximum sentence of up to 20 years in prison.
In some cases, probation may be granted as an alternative to jail time, often accompanied by conditions like counseling or community service.
Restraining Orders and Protective Orders
Domestic violence charges can lead to restraining orders. These orders impose strict limitations, such as:
- Prohibiting any form of contact with the victim.
- Restricting access to shared residences or workplaces.
- Requiring the surrender of firearms.
Violating these orders can result in additional criminal charges and harsher penalties.
Counseling and Treatment Programs
Many offenders are required to participate in counseling or treatment programs as part of their sentence. These may include:
- Anger management classes.
- Domestic violence intervention programs.
- Substance abuse counseling, if applicable.
Participation in these programs aims to address the underlying causes of domestic violence and reduce the likelihood of reoffending.
Domestic violence penalties in Columbia are severe and can have lasting impacts on your personal and professional life. If you are facing charges, it’s essential to understand the potential consequences and work with a legal professional to protect your rights.
What to Expect From the Legal Process if You Are Charged With Domestic Violence
Being charged with domestic violence involves a detailed legal process that begins with your arrest and continues through resolution in court. Knowing what to expect from domestic violence charges can help you navigate the system and protect your rights.
Arrest and Booking
If law enforcement believes domestic violence has occurred, you may be arrested at the scene. During booking, authorities will record your personal information, take your fingerprints, and possibly set a bond amount for your release. Allegations involving physical harm or violations of protective orders are often prioritized, and the circumstances of your arrest may influence the charges brought against you.
Initial Hearing and Bond Hearing
Shortly after your arrest, you will appear in court for an initial hearing, where the charges against you will be read. A bond hearing will determine whether you can be released while awaiting trial and under what conditions. Common bond conditions in domestic violence cases include:
- No contact with the alleged victim.
- Restrictions on returning to a shared residence.
These conditions are intended to minimize the risk of further incidents while your case proceeds. Violating bond conditions can lead to additional criminal charges, making it essential to fully understand the terms set by the court.
Restraining Orders or Protective Orders
In many cases, the alleged victim may request a restraining or protective order. These orders can:
- Prohibit contact with the victim or children.
- Require you to stay away from certain locations, such as the victim’s home or workplace.
Learn More: South Carolina Domestic Violence Statistics
A violation of these orders can result in significant legal repercussions, including additional penalties and a potential impact on your criminal record. Protective orders are intended to ensure safety but can be challenging for the accused, particularly in situations involving shared custody or cohabitation.
Pretrial Proceedings
Before the trial begins, several pretrial steps occur:
- Discovery: Both sides exchange evidence, such as police reports, medical records, and witness statements. Allegations of bodily injury or other forms of harm are often central to the evidence presented.
- Motions: Your attorney may file motions to suppress evidence, dismiss charges, or modify bond conditions.
- Plea Negotiations: The prosecution may offer a plea deal, which your attorney can help evaluate. A reduced charge may mitigate long-term consequences on your criminal record.
Pretrial proceedings are a critical phase where an experienced domestic violence attorney can work to strengthen your defense and challenge the prosecution’s case.
Trial
If your case proceeds to trial, the prosecution must prove the charges beyond a reasonable doubt. During the trial, expect the following stages:
- Jury Selection: A jury will be chosen to hear the case unless you opt for a bench trial (where the judge decides the verdict).
- Opening Statements: Both sides present an overview of their arguments.
- Presentation of Evidence: Witness testimony, physical evidence, and expert opinions will be introduced.
- Closing Arguments: Attorneys summarize their cases for the jury or judge.
- Verdict and Sentencing: If convicted, the court will impose penalties, such as fines, a jail sentence, or counseling.
An experienced domestic violence defense attorney will meticulously prepare for trial, ensuring that all aspects of your case are thoroughly examined and presented to the court.
Post-Trial Options
If you are convicted of a, you may have the option to appeal the verdict or sentence. An attorney can advise you on whether an appeal is appropriate and guide you through the appellate process.
Understanding the legal process is crucial when facing domestic violence charges. Consulting with a skilled criminal defense attorney early on can make a significant difference in building a strong defense and navigating the complexities of the system.
Legal Defenses Against Domestic Violence Charges
Facing domestic violence charges in South Carolina is serious, but several defenses may help reduce charges or secure a dismissal. The right defense strategy will depend on the circumstances of the case. Below are common defenses used in domestic violence cases.
- Self-Defense: One of the most common defenses is that the accused acted in self-defense. To successfully argue self-defense in South Carolina, the following must be established:
- Imminent Threat: The accused reasonably believed they were in immediate danger of harm.
- Proportional Force: The force used was necessary to prevent the harm and did not exceed what was needed to stop the threat.
- Defense of Others: Similar to self-defense, a person may argue they acted to protect someone else from harm, such as a child or family member. The use of force must still meet the standard of being reasonable and proportional to the perceived threat.
- False Allegations: False accusations can occur for various reasons, such as revenge, custody disputes, or attempts to gain an advantage in divorce proceedings. In these cases, the defense may:
- Highlight inconsistencies in the accuser’s statements.
- Present evidence disproving the allegations, such as witness testimony or communication records.
- Lack of Evidence: Prosecutors must prove the case beyond a reasonable doubt. If there is insufficient evidence, it may be possible to challenge the charges. Examples of lacking evidence include:
- No visible injuries on the alleged victim.
- Conflicting witness statements.
- Lack of corroborating evidence, such as medical or police reports.
- Violation of Rights or Procedural Errors: Mistakes during the investigation or arrest can also form the basis of a defense. Examples include:
- Unlawful search and seizure.
- Failure to read Miranda rights.
- Coerced or improperly obtained statements.
How an Attorney Can Help With Domestic Violence Charges
Domestic violence charges can have long term consequences, but a strong defense can protect your rights and minimize the impact. Working with an experienced attorney ensures the best possible outcome for your case. The Role of a Domestic Violence Lawyer
- Case Evaluation: Emphasize the importance of a thorough evaluation of the case to identify legal strategies and possible defenses.
- Representation in Court: Discuss how a domestic violence lawyer represents clients during court proceedings, including negotiations and trials.
- Protecting Rights: Describe how a lawyer helps protect clients’ rights and ensures fair treatment throughout the legal process.
- Navigating Legal Procedures: Explain how a lawyer assists with navigating the complexities of domestic violence legal procedures, including restraining orders and court appearances.
Get the Defense You Need for Your Domestic Violence Case
A domestic violence charge can have long-term consequences, but the right legal strategy may help protect your rights and future. Every case is different, and the details surrounding the accusations can significantly impact the outcome. Building a strong defense requires careful review of the evidence, witness statements, and police procedures.
One of the first steps that should be taken after a domestic violence arrest is contacting an experienced criminal defense attorney in Columbia. A domestic violence attorney at Touma Law Group can provide you with the legal representation you will need to effectively fight domestic violence charges in court. Contact us today to schedule an appointment for a free case consultation!