If you’re facing domestic violence charges, don’t navigate this alone. Our experienced Columbia domestic violence defense attorneys at Jeffcoat Criminal Defense Lawyers will fight for your rights and the best possible outcome. Call (803) 200-2000 for a free consultation today.
Our experienced domestic violence attorneys understand the complexities of these serious accusations. We’ll work tirelessly to formulate a defense that protects your rights and secures the best possible outcome in your case. Contact us to schedule a free consultation with a Columbia domestic violence lawyer.
How Jeffcoat Criminal Defense Lawyers Can Help If You’re Arrested for Domestic Violence in Columbia, SC
If you’ve been arrested for domestic violence in Columbia, South Carolina, dealing with the potential legal ramifications of such a serious charge can be overwhelming. This is where Jeffcoat Criminal Defense Lawyers can step in to offer support and guidance.
Here’s how our Columbia domestic violence attorneys can help:
Case Investigation and Evidence Gathering
Understanding all aspects of your case is essential when building a strong defense strategy to fight back against domestic violence charges. We’ll conduct thorough investigations, gathering evidence that might refute or at least weaken the allegations against you, such as witness statements, surveillance footage, or communication records like texts and emails.
Legal Representation and Strategy
From the moment clients reach out to Jeffcoat Criminal Defense Lawyers, we provide dedicated legal representation tailored to the specifics of domestic violence cases. Our experienced attorneys will develop a strategic defense plan aimed at achieving the best possible outcome while ensuring your rights are protected throughout every stage of the legal process.
Negotiating Plea Agreements
In certain cases where evidence is overwhelming or when it’s strategically advisable based on the circumstances, we can negotiate a favorable plea agreement. We’ll help you understand the terms of the deal so that you can make an informed decision on how to proceed.
Representation at Trial
If your case goes to trial, we are prepared to vigorously defend your rights in front of a judge or jury. We’ll argue against the prosecution’s evidence and present a clear narrative that supports your side of the story.
For help with a domestic violence matter, contact Jeffcoat Criminal Defense Lawyers to schedule a free consultation with our Columbia criminal defense lawyers.
Overview of Domestic Violence Laws in South Carolina
In South Carolina, the legal framework surrounding domestic violence is designed to protect individuals from harm within specific relational contexts. For a situation to be classified as domestic violence (DV) of any degree under state law, two critical elements must be present:
Required Relationship
The accused and the victim must share an intimate relationship for an act or threat of violence to qualify as DV. This could involve being married, having lived together at some point in the past, living together currently, or having a child in common.
Injury or Threat of Injury
The law stipulates either actual physical harm inflicted on the victim or a credible threat of such injury.
Understanding these elements is essential for defendants accused of domestic violence.
Specific Domestic Violence Charges in South Carolina
In South Carolina, domestic violence charges can vary significantly in severity based on specific circumstances surrounding the incident.
Here are the levels of domestic violence charges:
Third-Degree Domestic Violence
Third-degree domestic violence includes situations where physical harm is inflicted or there’s a viable threat of such harm, causing reasonable fear for the person’s immediate safety. This is the least serious domestic violence charge. This criminal charge is often a misdemeanor.
Second-Degree Domestic Violence
In some cases, domestic violence can be elevated to a second-degree charge.
Examples include cases where:
- Moderate bodily injury occurs
- An existing order of protection is in place
- The accused has a prior conviction for domestic violence on their criminal record within the last ten years
This is not an exhaustive list of when the charges can be elevated to the second degree.
First-Degree Domestic Violence
First-degree domestic violence can be charged in the following situations:
- Great bodily injury was suffered
- The accused has two previous convictions for domestic violence within ten years
- A minor was present during the act of domestic violence
- The victim was pregnant at the time
- The accused interfered with the alleged victim’s calls for help
Using a firearm during an act of domestic violence also constitutes an aggravating factor that can elevate a charge to first-degree DV.
Domestic Violence of a High and Aggravated Nature (DVHAN)
The gravest classification of domestic violence in South Carolina, DVHAN, is charged when acts or threats of physical harm towards another household member exhibit extreme indifference to human life.
This felony charge can also result from violating a protective order during the commission of first-degree domestic violence.
Understanding the specific charges of domestic violence in Columbia, South Carolina is important for anyone navigating the legal system.
What Are the Potential Penalties For a Domestic Violence Conviction in South Carolina?
Penalties for domestic violence vary widely based on the severity of the charge but can generally include:
Prison/Jail Time
The length of incarceration for domestic violence charges can range substantially depending on factors such as the degree of the charge and prior convictions. For example, domestic violence of a high and aggravated nature (DVHAN) could lead to sentences as long as 20 years in prison.
Probation
Instead of or in addition to imprisonment, individuals found guilty may be placed on probation. This involves complying with specific conditions set by the court over a certain period, like remaining arrest-free, paying restitution, and taking domestic violence or anger management classes.
Fines
Fines for domestic violence can be hefty and are determined based on the severity of the charges. They aim to penalize the offender financially for their actions.
Domestic Violence Intervention Program
This requirement involves participation in a structured program focusing on addressing and rectifying behaviors associated with domestic violence. Programs offer education and counseling designed to prevent future incidents, covering topics like anger management, relationship skills, and understanding the impact of violence.
Penalties for domestic violence in South Carolina can vary significantly depending on the specifics of the case, but these charges should always be taken seriously.
What Defenses Can Be Raised If I’m Arrested for Domestic Violence in Columbia, SC?
If arrested for domestic violence, having a strong defense is crucial to protecting your future. Here are some defenses that can be raised:
False Allegations
It’s unfortunately not that uncommon in disputes involving family or significant others for one party to make false claims of domestic violence out of anger, jealousy, or as a strategy in divorce or custody battles. Presenting evidence that challenges the credibility of these allegations can be a solid defense.
Alibi
If you were not at the scene when the alleged incident occurred and can prove that you were somewhere else, this alibi could completely negate the accusations against you since it establishes your inability to commit the act.
Accident
Sometimes, injuries or situations that occur and lead to domestic violence charges are accidental. Demonstrating that any harm caused was unintentional and not the result of reckless behavior can significantly help your case. This defense acknowledges an incident did occur but disputes the intent behind it.
Each defense strategy requires careful preparation and evidence gathering, which is why working closely with an experienced attorney is essential in these cases.
Don’t let domestic violence charges determine the course of your future without fighting for your rights. Schedule a free case evaluation with our experienced criminal defense lawyers in Columbia. We’ll review the details of your case, provide you with knowledgeable legal advice, and discuss potential defense strategies.
Contact Jeffcoat Criminal Defense Lawyers today to speak with a Columbia domestic violence lawyer.
Visit Our Criminal Defense Law Firm Located in Columbia, SC
Jeffcoat Criminal Defense Lawyers
1333 Main St Suite 512, Columbia, SC 29201
(803) 200-2000
Open 24/7
