Domestic violence is a pressing problem throughout the nation, and domestic violence charges in South Carolina are a serious legal matter. If you’ve been charged with domestic violence, you could be facing jail time as well as hefty fines and troubling social consequences that you may not have even considered. If you find yourself in the difficult position of being charged with domestic violence, it’s time to consult with an experienced South Carolina domestic violence defense attorney.
Domestic Violence Charges in South Carolina
The charge of domestic violence in the State of South Carolina refers to either physically harming, attempting to hurt physically, or credibly threatening to harm someone close to you, such as a romantic partner. While intending to harm the other person can also qualify as domestic violence, the threat itself must cause the victim to experience real fear, rather than coming off as an idle threat.
The Legal Elements Required
For a domestic violence charge to apply, the following two specific elements must be present:
- There must be a close relationship that connects the person who is accused of DV and the victim. This can mean being married to one another, living together – either currently or in the past – or having a child together.
- The person who is accused of domestic violence must have caused the victim to suffer an injury or must have convincingly threatened to do so.
When each of these elements is established, the charge of domestic violence can apply.
The Level of the Charge
Domestic violence charges in South Carolina are classified according to degree.
Domestic Violence Third Degree
Domestic violence third degree is a misdemeanor, which puts it at the lower end of the spectrum, but this is only relatively speaking. DV third degree relates to injuring or threatening to injure the victim, and a conviction carries a penalty of up to 90 days in jail and fines ranging from $1,000 to $2,500.
Domestic Violence Second Degree
When the incident in question causes the victim to experience more serious injuries that qualify as moderate bodily injury, the charge of domestic violence second degree applies. Factors such as a prior conviction or engaging in domestic violence in the presence of a minor can also enhance the charge to DV second degree. Generally, this charge is classified as a misdemeanor, carrying a potential prison sentence of up to 3 years and fines ranging from $2,500 to $5,000.
Domestic Violence First Degree
When domestic violence leaves the victim with a serious bodily injury or when it could have, the domestic violence charge is first-degree, which is a felony that can land the accused in prison for up to 10 years. Aggravating factors like the following can enhance the DV charge to first degree:
- Having two or more prior DV convictions
- Using a gun or other weapon
- Having two or more aggravating circumstances that apply
An Experienced Domestic Violence Lawyer Can Help
The accomplished domestic violence attorneys at Beasley Tomlinson Law dedicate our imposing practice to fiercely advocating for optimal case outcomes for valued clients like you. We proudly serve the following communities: Greenville, Spartanburg, Mauldin, Easley, Simpsonville, Pickens, Greer, and Duncan, as well as the counties of Greenville, Spartanburg, Pickens, and Florence. Learn more by calling us at 864-775-5787 or contacting us online today.
