In South Carolina, WCNC reports that the state has one of the highest rates of domestic violence-related deaths in the country. The domestic violence laws in South Carolina impose severe penalties on individuals who threaten to harm or harm a household member.
Understanding the laws and it’s implications is crucial if you are facing a domestic violence charge in South Carolina or have been affected by it. The purpose of this blog is to provide an overview of the crimes that qualify as domestic violence and outline the charges, consequences, and potential defenses for causing harm to a household member.
If you or a loved one has been charged with domestic violence, contact an experienced domestic violence defense attorney.
What is Considered Domestic Violence in South Carolina?
Domestic violence in South Carolina is prohibited under S.C. Code § 16-25-20, which categorizes offenses into first, second, and third-degree domestic violence, as well as domestic violence of a high and aggravated nature (S.C. Code § 16-25-65). Repeat offenders may face enhanced charges.
In South Carolina, domestic violence is defined as causing physical injury or harm or making the threat of physical injury or harm with the ability and under scenarios that create fear of looming danger to a household member.
A household member includes:
- Former spouse
- A spouse,
- Cohabitating males and females
- Individuals that share a child
- Previously cohabitating female and male.
Even if you don’t currently reside with the individual, you can still face domestic violence charges.
Degrees of Domestic Violence Charges in South Carolina
South Carolina categorizes domestic violence offenses into four degrees or levels: third-degree domestic violence, second-degree domestic violence, first-degree domestic violence, and domestic violence of a high and aggravated nature. Violating the terms of a domestic abuse order of protection is also considered a misdemeanor crime.
Domestic Violence 3rd Degree
Third-degree domestic violence is the least serious charge and applies when the accused has injured or threatened to harm the victim. Additionally, the accused and the victim must live together, be married, share a child, or have previously lived together.
For instance, if Mark has a temper and slaps Sally across the face, leaving a red mark, he could be facing a Domestic Violence 3rd Degree charge.
Domestic Violence 2nd Degree
Second-degree domestic violence is a misdemeanor and can be charged if the required relationship between the alleged abuser and victim exists, threatened harm or injury happened, or one of these specific circumstances apply:
- Victim suffered moderate bodily injury
- The victim had a protective or restraining order
- Within the past 10 years, the accused has one domestic violence conviction
- A minor witnessed or heard the incident
- Was aware of the victim’s pregnancy
- Perpetrated the offense during a kidnapping, burglary, robbery, or theft
- Tried to suffocate or choke the victim
- Stopped the victim from accessing a phone.
For instance, Mark finds a romantic text from a male friend of Sally’s. They start arguing at the top of the stairs, and Mark shoves Sally, leading her to fall. This results in Sally sustaining several injuries, including a fractured arm. Although Sally will recover, she will need to wear a cast. Mark can now be charged with Second Degree Domestic Violence.
Domestic Violence 1st Degree
If the required relationship between the purported abuser and victim is there and injury or threatened injury happened, you could face a Domestic Violence 1st Degree charge.
This charge also applies if:
- A gun was used
- The victim had a protective or restraining order, and an aggravating circumstance of 2nd Degree DV exists
- Within the past 10 years, you have two domestic violence convictions
- The incident leads to “great bodily injury” or
- You perform two of the aggravating circumstances of Domestic Violence 2nd Degree.
The aggravating circumstances include: a minor seeing or hearing the event, committing the offense during a kidnapping, burglary, robbery, or theft, being aware of the victim’s pregnancy, trying to suffocate or choke the victim, or stopping the victim from accessing a phone.
For instance, if during an altercation, a minor saw or heard the event, or if the offense was committed during a robbery, burglary, kidnapping, or theft, you could be facing a Domestic Violence First Degree charge.
Domestic Violence of a High and Aggravated Nature (DVHAN)
(DVHAN) is the most severe form of domestic violence charge in South Carolina. It is not categorized as a “degree” of domestic violence like the other DV types, but it comes with its charge with stringent penalties.
To be charged with Domestic Violence of High and Aggravated Nature, one of the required relationships must exist between the alleged abuser and victim, and threatened injury or injury must have happened. This charge often involves great bodily harm or extreme recklessness.
For example, if you threatened to shoot someone with a gun in a domestic dispute, you could be facing domestic violence of a high and aggravated nature charge.
Penalties for Domestic Violence in South Carolina
Penalties vary based on the Degree of the charge:
- 3rd Degree: Up to 90 days in jail; fines between $1,000-$2,500.
- 2nd Degree: Up to 3 years; fines between $2,500-$5,000.
- 1st Degree: Up to 10 years; significant fines.
- DVHAN: Up to 20 years; severe long-term consequences, including loss of firearm rights and impact on child custody
A conviction can lead to a criminal record, making it difficult to find employment and affecting personal rights.
Defenses Against Domestic Violence Charges
Several possible legal defenses may be used to defend against domestic violence charges. Some of them include:
- Self-defense or defense of others: If you can prove that you were defending yourself or somebody else from an aggressor.
- False accusations: Demonstrating that the allegations are untrue.
- Lack of intent: Showing there was no intention to cause harm can mitigate charges
A robust legal defense can significantly affect the outcome of domestic violence charges as it can have them penalties or charges reduced.
Protective Orders and Their Role in Domestic Violence Cases
Orders of Protection (or Restraining Orders) are legal tools designed to protect victims from further harm. If violated, the accused may face additional criminal charges. These orders can significantly influence ongoing criminal proceedings by establishing a pattern of behavior. Understanding how these orders function is essential for both victims and those accused.
How a South Carolina Criminal Defense Lawyer Can Help
A criminal defense attorney plays a vital role by:
- Investigating charges thoroughly
- Gathering evidence
- Building a strong defense strategy
- Negotiating with prosecutors for decreased charges
Early legal counsel is crucial for protecting your rights throughout the legal process and improving your chances of a favorable outcome.
Get Advice for Domestic Violence Charges in South Carolina Today
Knowing South Carolina’s domestic violence laws is integral for anybody facing charges or affected by it. The consequences for domestic violence charges are severe and can have long-term effects on a person’s life.
If you live in Aiken and have been accused of domestic violence, you should contact a qualified criminal defense lawyer from Johnson, Johnson, Whittle, Lancer and Staggs for aid in reducing or dismissing domestic violence allegations. Contact us today at (803) 649-5338 to arrange a case review.
