A heated disagreement with your partner ends, but hours later, an officer arrives and says you are under arrest for domestic violence. In Aiken, people may still call the offense criminal domestic violence or CDV, although South Carolina law now uses domestic violence. A charge can involve harming a household member or qualifying offers or attempts to cause harm.
South Carolina law covers physical harm to a household member and certain offers or attempts to cause harm. An offer or attempt requires apparent present ability and circumstances reasonably creating fear of imminent peril, as explained in South Carolina Code § 16-25-20.
South Carolina classifies domestic violence offenses based on the alleged conduct, injury, prior convictions, firearm use, and specific aggravating circumstances defined by statute. Johnson, Johnson, Whittle, Lancer & Staggs’ Aiken domestic violence lawyer can review the charge, evidence, and facts that affect its classification.
Key Takeaways
- South Carolina domestic violence can involve physical harm or qualifying offers or attempts to harm a household member.
- Physical contact or visible injuries are unnecessary when alleged conduct satisfies the requirements for an offer or attempt.
- The qualifying relationship, injury level, prior convictions, firearm use, and specified statutory circumstances can affect charge classification.
- Domestic violence classifications carry different potential penalties, with first-degree DV and DVHAN classified as felonies.
What Conduct Can Lead to a Domestic Violence Charge?
South Carolina law covers physical harm and qualifying offers or attempts involving someone within a legally recognized household relationship.
What Actions Can Qualify as Domestic Violence?
Causing physical harm or injury to a qualifying household member satisfies the statute’s basic conduct requirement. An offer or attempt can also qualify without contact when the accused appears presently able to cause the alleged harm. Arguments, insults, or raised voices alone do not establish the required physical harm, qualifying offer, or attempt.
Can Domestic Violence Occur Without Physical Contact?
Yes, qualifying conduct can occur without physical contact, although prosecutors must still prove every required element. During an argument, one household member might allegedly raise a heavy object and move toward another person without striking them. Whether those actions qualify depends on the apparent ability to cause harm and whether circumstances reasonably created fear of immediate danger.
Which Relationships Can Make an Offense Domestic Violence?
South Carolina’s domestic violence statute applies only when the alleged conduct involves a legally qualifying household member.
Who Can Qualify as a Household Member in South Carolina?
South Carolina treats spouses, former spouses, people who share a child, and qualifying cohabitants as household members. Sharing a residence alone does not establish that relationship. Although the printed cohabitation provision still uses gendered language, the South Carolina Supreme Court has held that similarly situated unmarried same-sex couples cannot be excluded from the definition.
Why Does the Relationship Affect the Criminal Charge?
Harmful conduct does not become domestic violence merely because the people involved know each other. A domestic violence charge requires both qualifying conduct and a qualifying household relationship. Similar conduct involving someone outside a covered relationship may fall under another criminal law instead.
What Facts Can Change the Degree of a DV Charge?
South Carolina recognizes first-, second-, and third-degree domestic violence. More serious conduct can also support domestic violence of a high and aggravated nature, or DVHAN.
What Separates the Different Domestic Violence Classifications?
South Carolina classifies domestic violence according to the alleged conduct and specified statutory circumstances:
- Third degree: Applies when prohibited conduct occurs without facts that elevate the offense to a higher classification.
- Second degree: Can involve moderate bodily injury, one qualifying prior conviction, certain protection-order violations, or statutory aggravating circumstances accompanying third-degree conduct.
- First degree: Can involve great bodily injury, firearm use, two qualifying prior convictions, or statutory aggravating circumstances accompanying conduct that would otherwise qualify as second degree.
- DVHAN: Can involve great bodily injury or conduct creating a reasonable fear of imminent great bodily injury or death under circumstances showing extreme indifference to human life.
How Can the Alleged Injury Affect the Degree Charged?
Moderate bodily injury includes certain fractures, dislocations, temporary functional loss, and injuries requiring specified medical treatment. One-time treatment and subsequent observation of scratches, cuts, bruises, and similar minor injuries do not qualify as moderate bodily injury. Great bodily injury includes a substantial risk of death, serious permanent disfigurement, or prolonged loss or impairment of bodily function.
What Penalties Can Follow a Domestic Violence Conviction?
The available penalties depend on the degree of domestic violence for which a person is convicted.
What Penalties Apply to Domestic Violence Offenses?
Third degree is a misdemeanor carrying a $1,000 to $2,500 fine, up to 90 days in jail, or both. Second degree is a misdemeanor carrying a $2,500 to $5,000 fine, up to three years in prison, or both. First degree is a felony carrying up to ten years in prison, while DVHAN is a felony carrying up to 20 years.
Why Can Prior Convictions Make a DV Charge More Serious?
One qualifying prior conviction within ten years can support second degree, while two or more can support first degree. A prior conviction differs from an arrest, accusation, or dismissed case, so those events should not be treated interchangeably. Two people accused of similar conduct can therefore face different classifications because their qualifying conviction histories differ.
What Does a DV Arrest Mean in an Aiken Criminal Case?
Does a DV Arrest Mean Domestic Violence Has Been Proven?
No. An arrest or charge is an accusation, and prosecutors still must prove the elements of the charged offense. That includes any additional facts required to establish the particular degree alleged.
What Can Your Aiken DV Paperwork Tell You About the Charge?
Your paperwork should identify the charged offense and the court handling the case. The South Carolina Judicial Branch lists an Aiken County Domestic Violence Court along with several other magistrate courts serving Aiken County. Because the county has multiple magistrate courts, check the court named on your documents rather than assuming where your case will be handled.
Contact an Aiken Domestic Violence Lawyer
An Aiken domestic violence charge depends on both the alleged conduct and whether the people involved have a relationship covered by South Carolina law. Injuries, qualifying prior convictions, firearm use, and statutory aggravating circumstances can then affect how the offense is classified.
Johnson, Johnson, Whittle, Lancer & Staggs has served Aiken since 1980 and represents clients in criminal defense matters throughout Aiken County. If you are facing a domestic violence allegation, our attorneys can review the alleged conduct, qualifying relationship, injury evidence, prior convictions, and other facts affecting the charge. Contact us today or call (803) 615-1248 to discuss your situation and possible next steps.
