Consequences of Domestic Violence Charges in South Carolina 
South Carolina law categorizes domestic violence into three degrees: 3rd, 2nd, and 1st. These classifications correspond to the severity of the offense, with first-degree domestic violence being the most serious. The consequences for domestic violence offenses can range from fines to lengthy prison sentences. Here’s a breakdown of the charges and their potential penalties:
- Domestic Violence, 3rd Degree (Misdemeanor): A charge of domestic violence in the third degree is a misdemeanor. This charge is typically for situations where there are no significant injuries or when the victim does not have a history of domestic violence. If convicted, penalties may include a fine of up to $1,000 and imprisonment for up to 90 days.
- Domestic Violence, 2nd Degree (Felony): Domestic violence in the second degree is a felony charge. This level of offense usually occurs when there are injuries that cause a victim to require medical attention. Convictions under this charge can result in 3 to 10 years in prison, along with significant fines.
- Domestic Violence, 1st Degree (Felony): First-degree domestic violence charges carry the most severe penalties. This charge is reserved for cases where the victim suffers serious injuries, or if the defendant has prior convictions. If convicted, a defendant could face 10 to 20 years in prison, and the charge can permanently affect their future opportunities.
The Impact on Personal and Professional Life
Beyond the legal consequences, being charged with domestic violence can have a profound impact on your personal and professional life. If convicted, you may face the following long-term consequences:- Criminal Record: A conviction for domestic violence will likely lead to a permanent criminal record. This record can limit future employment opportunities, restrict your ability to secure housing, and severely affect your reputation within the community.
- Loss of Custody: In cases where there are children involved, a conviction for domestic violence may result in the loss of custody or visitation rights. South Carolina courts prioritize the safety and well-being of children, and any criminal charges involving violence can impact the court’s decision regarding custody arrangements.
- Restraining Orders: A conviction can lead to a restraining order that prohibits contact with the alleged victim. Violating such an order can result in additional criminal charges, complicating your situation further.
- Emotional and Mental Stress: Being accused of domestic violence can cause significant emotional and mental stress. Beyond the legal ramifications, the emotional toll on you and your family can be devastating. It’s essential to have an experienced attorney by your side to navigate these challenges and work to minimize the impact on your life.
Defense Options for Domestic Violence Charges in South Carolina
When faced with domestic violence charges, it’s critical to explore all available defense options. South Carolina law provides several strategies for defending against these charges, and working with an experienced attorney can help ensure your rights are protected. Here are a few common defenses that may apply:
During this most difficult period of time in my life, Margaret Evans and the staff assisted me during my divorce. I needed legal counsel which was provided professionally and efficiently. Thank you for your prompt and courtesy service to me.
- Mark Hafenbreidel
Made the home closing process quick and easy! We appreciated their quick and clear communications, especially since our closing was over the holidays.
- Alyssa Burke
Client Reviews
See what our clients have to say about our law firm and the people who are a part of it.
- False Allegations: One of the most common defenses in domestic violence cases is that the allegations are false. Sometimes, individuals make false claims out of anger or as part of a larger dispute, such as divorce or custody battles. In these cases, presenting evidence that shows the allegations are unfounded can be a powerful defense strategy.
- Self-Defense: In situations where both parties were involved in physical altercations, self-defense may be an appropriate defense. South Carolina law allows individuals to defend themselves when they are in imminent danger. If you were acting in self-defense to protect yourself from harm, this may be used as a defense against the charges.
- Lack of Evidence: Prosecutors must prove their case beyond a reasonable doubt. If there is insufficient evidence to support the allegations, the charges may be dismissed. Your attorney may investigate the evidence thoroughly to identify weaknesses in the prosecution’s case and argue for a dismissal.
- Mutual Combat: In some domestic violence cases, both individuals were equally involved in the altercation. If the alleged victim also engaged in the fight, the defense of mutual combat may be applicable. This defense may reduce the severity of the charge or result in a reduction of penalties.
- Insufficient Intent: Domestic violence charges require proof of intent. If the alleged incident was accidental or not intended to harm, it may not meet the legal requirements for a domestic violence conviction.
What to Do If You Are Accused of Domestic Violence
If you find yourself accused of domestic violence in South Carolina, it’s important to take the following steps:- Avoid Contact with the Alleged Victim: If there is a restraining order in place or if the victim has made allegations against you, do not attempt to contact them. Violating a restraining order can result in further criminal charges.
- Hire a Skilled Attorney: Your first step should be to consult with an experienced attorney who can help you understand your legal rights and options. McCutchen Vaught Geddie & Hucks, P.A. specializes in criminal defense and domestic violence cases, and we can provide you with the representation you need to navigate this challenging process.
- Document Everything: Keep track of any communications, evidence, or interactions related to the case. If you have witnesses who can support your version of events, gather their contact information. This documentation can be helpful in building your defense.
- Follow All Court Orders: If you are granted bail or ordered to appear in court, be sure to comply with all requirements. Missing court dates or failing to follow legal procedures can harm your case and result in additional legal complications.