A charge for domestic violence is serious, as it can affect your entire life and future. However, you may be facing charges without having done anything that would fall under the legal definition of domestic violence in South Carolina.
If you’ve been charged with domestic violence, you’re entitled to legal representation. Our skilled South Carolina domestic violence attorney will fight to protect your freedom. To learn how we can help, contact the Law Office of Mo Abusaft today to schedule a consultation.
What Constitutes Domestic Violence in South Carolina?
States have varying legal definitions for the crime of domestic violence; therefore, it is important to understand what constitutes domestic violence in South Carolina.
Under the law in South Carolina, domestic violence involves intentional harm caused by one household member to another household member. For it to be domestic violence, the offender and victim must have a special connection and relationship. The relationship must involve two individuals who:
- Are married
- Were married
- Live together
- Share children together
- Previously lived together
If physical violence does not involve household members, it is not considered to be domestic violence. Instead, it would be charged as assault or battery.
Generally, domestic violence is committed by an offender to establish power and control over their victim. Domestic violence does not only involve physical harm but could also include emotional or psychological harm. A charge for domestic violence could arise out of the intention or attempt to commit the act rather than actual harm.
Potential Penalties for Domestic Violence
Like most other crimes, penalties for domestic violence depend on the details surrounding the charges. In South Carolina, there are different degrees of domestic violence, from first to third degree.
Additionally, the most serious domestic violence offense is referred to as “domestic violence of a high and aggravated nature.”
First-Degree Domestic Violence
A first-degree domestic violence charge is classified as a felony crime. An offender could be found guilty of first-degree domestic violence if they caused or threatened to cause great bodily harm to their victim and/or:
- Violated an existing order of protection
- Used a firearm or other weapon during the violent act
- Committed the harm while having two or more prior convictions for domestic violence within the past 10 years
It is also considered first-degree domestic violence if the offender commits second-degree domestic violence but also:
- Chokes the victim
- Commits the act before a minor
- Prevents the victim from calling for help
- Knows or should know the victim is pregnant
- Commits domestic violence during a robbery, burglary, theft, or kidnapping
First-degree domestic violence could result in prison time of up to 10 years.
Second-Degree Domestic Violence
Second-degree domestic violence is a misdemeanor in South Carolina.
A charge for second-degree domestic violence involves causing or threatening to cause harm to the victim and/or:
- Violence that results in moderate bodily injury to the victim
- An offender with one past domestic violence conviction within the past 10 years
Additionally, it is considered second-degree domestic violence if the offender commits third-degree domestic violence but also:
- Chokes the victim
- Violates an existing protective order
- Commits the act with a minor present
- Prevents the victim from calling for help
- Knows or should know the victim is pregnant
- Commits domestic violence during a robbery, burglary, theft, or kidnapping
Second-degree domestic violence could result in up to three years in prison and/or $2,500 to $5,000 in fines.
Third-Degree Domestic Violence
Third-degree domestic violence is categorized as a misdemeanor. It is the most minimal. To be charged with third-degree domestic violence in South Carolina, the offender must threaten to harm or physically harm a household member.
Third-degree domestic violence comes with penalties including up to 90 days in jail and/or $1,000 to $2,500 in fines.
Domestic Violence of a High and Aggravated Nature
Domestic violence of a high and aggravated nature is a felony crime. For a charge of domestic violence of a high and aggravated nature, available evidence must show that the offender committed one of these crimes:
- Violated an existing order of protection while also committing first-degree domestic violence
- Committed domestic violence with extreme indifference to human life and inflicted great bodily harm
- Committed domestic violence with extreme indifference to human life with the threat of great bodily harm or death inferred
Penalties for domestic violence of a high and aggravated nature include prison time for up to 20 years.
Consult with a South Carolina Domestic Violence Lawyer Right Away
If you’re facing charges of domestic violence, the domestic violence attorney at the Law Office of Mo Abusaft wants to help you. We understand the severity of a domestic violence charge and how it could threaten your freedom and reputation. Let us help protect your rights and future.
Contact us today to schedule a consultation with an experienced domestic violence lawyer.