If you have been charged with domestic violence in South Carolina, you can face a wide range of consequences. Like just about any other criminal charge, you should consult a South Carolina criminal defense attorney if you are charged with Domestic Violence.
Domestic Violence in South Carolina has similar elements to assault. The main difference is the relationship between the Defendant and the victim.
Domestic violence defined
- According to South Carolina statutes. “it is unlawful to cause physical harm or injury to a person’s own household member; or offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.”
Characteristics of levels of Domestic Violence charges – The categorization of what level of domestic violence is in question is determined by two things. First, that the above definition of domestic violence was met. Second, the additional facts and circumstances that surround the event are considered.
Domestic Violence in the third degree – When no injury or slight injury occurs, and there are no prior convictions of domestic violence.
Domestic Violence in the second degree – moderate bodily injury to the person’s own household member results or the act is accomplished by means likely to result in moderate bodily injury to the person’s own household member, and at least one additional fact not limited to:
- The person violates a protective order, and in the process, commits domestic violence in the third degree.
- The Defendant has one prior conviction of domestic violence in the last ten years.
- The offense is committed in the presence of or perceived by a minor.
Domestic Violence in the first degree – Great bodily harm occurs to a member of the defendant’s household by actions that are likely to cause great bodily hard to that person, and at least one additional fact but not limited to:
- The Defendant has two or more prior convictions of domestic violence in the last ten years.
- The Defendant used a firearm in the commission of the crime.
- The crime occurred during a robbery, burglary or kidnapping.
Consequences of Domestic Violence convictions
- If you are convicted of domestic violence in South Carolina, it is no longer legal for you to carry a firearm in South Carolina.
- The range between no jail time and ten years in prison is possible depending on the level of conviction.
If you have been charged with a crime in South Carolina and need a York criminal defense lawyer, or a Lancaster criminal defense lawyer, call us today.