Greenville Domestic Violence Defense Attorneys

Domestic violence in the second degree involves moderate bodily injury to a household member or violating a protection order when the alleged perpetrator has one prior conviction of domestic violence within the last ten years, the victim fears imminent peril, or a weapon was involved. 

Domestic violence in the first degree involves many of these same conditions but requires two or more domestic violence convictions within the last ten years or the use or threatening display of a firearm.

Domestic violence of a high and aggravated nature (DVHAN) is the most serious type of domestic violence charge. It involves causing or threatening to cause great bodily injury or death to a household member, using a deadly weapon, attempting to choke or suffocate the victim, or committing the offense in the presence of a minor or while knowing the victim is pregnant.

What Are the Penalties for a Domestic Violence Conviction in South Carolina?

Penalties for a domestic violence conviction in South Carolina vary significantly based on the degree of the offense. The more severe the classification, the more severe the potential consequences.

Domestic violence in the third degree is charged as a misdemeanor and carries the following penalties:

• Up to 90 days of jail time
• Up to $2,500 in fines

Domestic violence in the second degree is also typically charged as a misdemeanor and carries the following potential punishments:

• Up to three years of prison time
• Up to $5,000 in fines

Domestic violence in the first degree is a felony, and a conviction can lead to up to ten years in prison. A DVHAN conviction can lead to up to 20 years of prison time. It's also considered a violent crime and “serious” offense under state law, which can impact sentencing.

In addition to the penalties listed above, under state law a domestic violence conviction, even at the lowest degree, results in you losing your right to own or possess a firearm for a three-year period for third and second degree and permanently for first degree and DVHAN.  Because a domestic violence conviction will appear on background checks, any conviction can affect your ability to get a job or secure housing. It may also severely impact child custody proceedings.

Our team at Sarratt & Horta Vorse, P.A. recognizes what is at stake when you are facing domestic violence charges. We can work to help you mitigate or avoid these penalties. 

Common Domestic Violence Defense Strategies

The specific defenses available to you will depend on your unique circumstances. We are prepared to meticulously examine every detail of your case, looking for weaknesses in the prosecution's evidence and grounds for a strong defense. Our goal is to create a compelling argument that protects your rights and achieves the best possible outcome, whether that means getting the charges dismissed, securing a not-guilty verdict at trial, or negotiating a favorable plea deal.

Some common defense strategies for domestic violence cases include:

• Self-defense. South Carolina law allows people to use reasonable force to protect themselves from an imminent threat of bodily harm. If you were the one being attacked or had a genuine fear for your safety or the safety of another household member, we can present evidence showing that your actions were necessary and proportionate to the threat. This evidence can include injuries you sustained, witness statements, or records of prior aggressive behavior from the accuser.
• False accusations. Sadly, domestic violence charges are sometimes based on false allegations. This can happen for a variety of reasons, such as during contentious divorce proceedings, child custody disputes, or out of spite or revenge. Our lawyers can investigate your accuser's motives and look for inconsistencies in their story. We can potentially use evidence like text messages, social media posts, or witness testimony to show that the allegations are not credible. In these scenarios, our goal is to expose any lies or exaggerations and establish that a false claim is the reason for your arrest.
• Lack of evidence. The prosecution must prove your guilt beyond a reasonable doubt. If they don't have enough evidence to meet this high standard, we can argue for the dismissal of your case. For example, if there is no physical evidence of an assault, no witnesses to the alleged incident, and the accuser's testimony has inconsistencies, the prosecution may have a difficult time winning at trial. We can scrutinize all the evidence the police and prosecution have against you and challenge anything that is legally or factually weak.
• Accident. Sometimes, an injury happens by accident and has nothing to do with an intentional act of violence. In these cases, we can argue that you lacked the criminal intent to harm the alleged victim. For example, a person could accidentally get hurt while you're trying to stop them from falling, or during a heated argument where you lose your balance. We can use physical evidence, medical records, and witness accounts to demonstrate that the injury was unintentional and not a criminal act.

Put your domestic violence defense in capable hands. Call (864) 635-6145 or contact us online now.