South Carolina divides domestic violence into third degree, second degree, first degree, and domestic violence of a high and aggravated nature (DVHAN). The degree depends on the relationship, alleged conduct, injuries, prior convictions, and other aggravating facts. At Beasley Tomlinson Law Firm, our domestic violence defense lawyers compare the warrant and evidence with the elements of the charged degree.
Who Qualifies as a Household Member
South Carolina’s domestic-violence statutes apply to qualifying household relationships, including spouses, former spouses, people who share a child, and people who live together or formerly lived together. If the required relationship is not present, a different assault statute can apply instead.
How South Carolina Classifies Domestic Violence Charges
Under South Carolina domestic violence law, the basic offense involves causing physical harm or injury to a household member, or offering or attempting to cause harm with the apparent present ability to do so under circumstances that reasonably create fear of imminent peril. Additional facts can raise the degree of the charge.
Penalties by Degree
- Third degree: A misdemeanor punishable by up to 90 days in jail, a $1,000 to $2,500 fine, or both. Third-degree cases are eligible for pretrial intervention under the statute.
- Second degree: A misdemeanor punishable by up to three years in prison, a $2,500 to $5,000 fine, or both. Moderate bodily injury, one prior domestic-violence conviction within ten years, or specified aggravating circumstances can raise the charge to this level.
- First degree: A felony punishable by up to ten years in prison. Great bodily injury, use of a firearm, two or more prior domestic-violence convictions within ten years, or specified combinations of aggravating circumstances can support first-degree charges.
- DVHAN: A felony punishable by up to 20 years. This charge requires the circumstances defined in S.C. Code § 16-25-65, including specified conduct showing extreme indifference to human life or a protection-order violation combined with first-degree domestic violence.
Other Consequences Can Extend Beyond the Sentence
A domestic-violence conviction can affect employment, professional licensing, immigration status, family-court matters, and firearm rights. Federal and state firearm restrictions depend on the conviction, protective orders, and other circumstances, so review the effect case by case rather than assuming it from the charge alone.
The Alleged Victim Does Not Control the Prosecution
Once police and prosecutors are involved, the complaining witness does not have unilateral authority to dismiss a criminal charge. The State decides whether to continue the prosecution. A change in cooperation can affect the evidence, but it does not automatically end the case.
This topic differs from the firm’s existing article on whether a domestic-violence charge can be dismissed because this article focuses on how South Carolina assigns the degree and penalties of the offense.
What to Do After a Domestic Violence Arrest
Follow every bond condition, especially no-contact provisions. Preserve texts, call logs, photos, and other records without editing or deleting them. Avoid discussing the allegations with investigators or the complaining witness before getting legal advice.
Talk With a Greenville Domestic Violence Defense Lawyer
The warrant’s severity affects the court, potential sentence, and defense strategy. Call 864-775-5787 or contact Beasley Tomlinson Law to review the allegations, bond conditions, and evidence before the next hearing.