At Touma Law Group, our Greenville domestic violence lawyers understand how difficult domestic violence situations are in our clients’ daily lives, and how taxing it can be to defend your position without an experienced domestic violence defense attorney by your side.
Often, when someone is arrested for the threat of violence or physical violence, they're presumed guilty in the court of public opinion, before they even appear before a judge, which is unfair but potentially damaging to their professional and personal livelihood.
Our Greenville legal team is dedicated to helping you navigate the legal process, so you can narrate your side of the story, while we present the key evidence required to support your innocence, or negotiate the best possible outcome for your unique circumstances when your criminal charges can't be dismissed altogether.
Domestic violence convictions have life-threatening consequences that can negatively affect your future. Our Greenville criminal defense attorneys are ready to help you pursue positive outcomes. To schedule a free and confidential initial consultation, contact our Greenville criminal defense law firm today at 864-618-2323.
What's Domestic Violence in Greenville, SC?
Unlike battery and assault charges, physical violence must meet the familial requirement to be charged.
This means one person must have inflicted physical harm to or attempted to cause physical harm that placed any of the following household members in imminent danger:
- Ex-spouses or spouses;
- Those who live together or cohabitating couples; and
- Individuals who share children.
The nature of domestic violence offenses causes swift and severe legal action against the alleged abuser.
In South Carolina, every County prosecutors’ Office takes domestic violence claims seriously, and will fiercely pursue the allegations, even though the alleged victim asks that the criminal charges be dismissed. This is true, especially where there have been previous charges of domestic violence.
If this is your first domestic violence arrest or charge — regardless of the circumstances that led to domestic violence or if you have previously been arrested, charged, or convicted with these charges, our Greenville domestic violence attorneys will review your case and provide the legal representation you need to make educated decisions about your future.
What are the Criminal Penalties for Domestic Violence Convictions in South Carolina?
In South Carolina, domestic violence charges are categorized as first, second, or third-degree charges, and a greater charge is known as Criminal Domestic Violence of a High and Aggravated Nature.
Third-degree domestic violence charges act arise when there are no aggravating factors associated with the alleged charges that may lead to a second or first-degree charge.
Criminal penalties for third-degree domestic violence charges in South Carolina include:
- Heavy fines ranging between $2,500 to $5,000
- Jail sentence of up to 90 days in prison.
For third-degree charges in Greenville, some defendants may qualify to avoid criminal conviction through anger management classes or a pretrial diversionary class for domestic abuse.
If you commit a third-degree domestic violence charge against a pregnant woman or in front of a child, that increases the severity of the charge to a second-degree domestic violence charge.
Second-degree domestic violence charges apply when a person:
- Commits an assault that causes moderate physical injury;
- Has one previous conviction of domestic violence
Conviction penalties for second-degree domestic violence offenses include:
- Hefty fines ranging between $2,500 and $5,000.
- Incarceration of up to three years.
First-degree domestic violence involves:
- A violation of a protective order already in place
- Occur in the presence of minor children
- Great physical injury to the victim
- Using a firearm
A conviction of first-degree domestic violence in South Carolina is a felony offense, which is punishable by a potential prison sentence of up to 10 years.
How Can a Skilled Domestic Violence Defense Lawyer Help?
At Touma Law Group, our Greenville domestic violence lawyers focus on the unique details of each case we represent. Our team of attorneys will examine the:
- Law enforcement officers' handling of your arrest and the charging requirements, such as getting a copy of a 911 call and a complete police report.
- Witness testimonies and statements for accuracy.
- Alleged victim’s bodily harm and medical evaluation
- Inconsistencies in any damage at the scene and the allegations against you.
- Past incidents of violence, when applicable.
- Whether the prosecutor can prove the case against you beyond, he said-she said.
Domestic violence cases are very emotional, which may cause the alleged victim to provide exaggerated statements to the responding police officers, or a biased approach causing an arrest that had very little evidence to support the claims.
Unfortunately, a relationship can become highly charged, causing false allegations to be presented sometimes, which may call for a full investigation to prove a defendant's innocence.
Partnering with a dedicated Greenville criminal defense lawyer could be the difference between preserving your reputation and jail time.
What are the Common Defenses Against Domestic Violence Claims?
- Lack of evidence. A lack of adequate evidence is one defense against domestic violence claims. A person can’t be convicted if there isn't sufficient evidence to prove that they committed domestic violence.
- Self-defense. This defense strategy is an effective way to fight a domestic violence claim. An experienced trial attorney can prove that there was imminent harm, and you had no choice but to defend yourself.
- Falsely accused. In child custody battles of divorce cases, it's common for some spouses to file domestic violence charges out of desperation and anger. An experienced attorney can help you find inconsistencies in the plaintiff’s claims.
- It was an accident. This defense strategy is rarely successful. Your experienced attorney can prove that the act wasn't intentional or malicious, but an accident.
- The violence was minor. Your Greenville domestic violence attorney can prove that the bodily harm inflicted was very minor and shouldn't be considered a criminal act.
Contact Our Greenville Domestic Violence Attorney Today for Legal Advice!
If you have been charged with domestic violence in Greenville, South Carolina, contact our experienced Greenville criminal defense attorneys to learn how severe domestic violence charges are, and what type of evidence the prosecution has to support their case. At Touma Law Group Defense Lawyers, our legal team has years of experience and thus we can help you build a vigorous defense to beat your charges.
A domestic violence conviction may lead to long-term legal problems because the charge follows you around during future background checks, which can interfere with your ability to get custody of your children and may keep you from getting a job. For a free legal consultation, contact our skilled Greenville criminal defense lawyers today at 864-618-2323.