Are you facing a domestic violence charge for the first time in Columbia, South Carolina? If so, we understand that it can be incredibly overwhelming and comes with many uncertainties. While domestic violence offenses are taken very seriously, there may be several legal options available to you.
The most important step you can take in these circumstances is to speak with an experienced criminal defense attorney as soon as possible. The legal team at Jeffcoat Criminal Defense Lawyers is here to protect your rights and reputation and help you get your life back on track.
For immediate and trusted assistance, contact our law firm at (803) 200-2000 to speak with a skilled Columbia domestic violence attorney.
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, SC, navigating the legal system can seem impossible. Fortunately, you don’t have to do it alone.
Here’s how our Columbia criminal defense lawyers can help:
- We will review all the facts surrounding your case, analyze police reports, and interview witnesses. Our goal is to construct a strong defense strategy that challenges the prosecution’s claims against you.
- Our attorneys are skilled at negotiation and will work to come up with an appropriate plea deal or even have certain charges reduced or dismissed.
- If your case goes to trial, we will provide representation in court at all hearings, fighting for your rights every step of the way.
We’re here for you if you need help with a first offense domestic violence charge. Contact Jeffcoat Criminal Defense Lawyers to speak with an experienced Columbia domestic violence lawyer.
Overview of Domestic Violence in South Carolina
Domestic violence in South Carolina is characterized by abusive actions against a household member or within an intimate relationship. It includes various abusive acts, such as physical harm, sexual violence, threats, intimidation, and other conduct that induces fear or causes injury.
According to South Carolina law, a “household member” includes:
- A spouse or former spouse
- Individuals who share a child
- Individuals who live together or have cohabitated in the past
The gravity of the charges is influenced by the extent of injuries, the presence of aggravating circumstances, and any prior domestic violence convictions.
Four Types of Domestic Violence Charges in South Carolina
Under South Carolina law, domestic violence is categorized into several types based on the severity and circumstances of the abusive acts. In most cases, any of the following charges can be charged for a first offense of domestic violence:
Domestic Violence in the Third Degree
This is the least severe category of domestic violence, typically classified as a misdemeanor. It involves actions that result in minor threats or physical harm to a household member without causing moderate or great bodily injury.
Domestic Violence in the Second Degree
This offense usually involves moderate bodily harm or the potential for such injury to a household member. It is generally charged as a misdemeanor.
Domestic Violence in the First Degree
Categorized as a felony, this offense involves actions that cause or could cause severe bodily injury or the presence of aggravating factors. Aggravating factors include prior convictions, use of a deadly weapon, committing the act in the presence of a minor, targeting a pregnant woman, or committing violence during other criminal activities such as burglary.
Domestic Violence of a High and Aggravated Nature (DVHAN)
This is the most severe form of domestic violence, classified as a felony. It entails conduct that shows extreme indifference to human life, resulting in severe injury or causing the victim to fear imminent serious injury or death. This category also includes first-degree domestic violence that violates protective orders.
What Are the Potential Penalties For a First Offense Domestic Violence Conviction in South Carolina?
The penalties for a first offense domestic violence conviction in South Carolina vary greatly depending on the specific nature and severity of the offense but could include:
Jail Time
For a first offense, incarceration can range from a few days to several years.
The specific duration depends on the degree of the offense:
- Third Degree: Up to 90 days in jail.
- Second Degree: Imprisonment for up to 3 years.
- First Degree: Up to 10 years in prison.
- DVHAN (Domestic Violence of a High and Aggravated Nature): Up to 20 years in prison.
Probation
Probation may be an alternative to incarceration or may follow a period of jail time. Conditions of probation typically include regular check-ins with a probation officer, attendance at mandatory counseling and anger management sessions, and adherence to any restraining orders. Failure to comply with probation terms can result in additional penalties, including imprisonment.
Fines
Financial penalties can accompany or replace jail time and probation.
The amount varies by the degree of the offense:
- Third Degree: Fines can reach up to $2,500.
- Second Degree: Fines may go up to $5,000.
- First Degree and DVHAN: Fines are determined on a case-by-case basis, considering the severity and specific circumstances of the offense. High fines may apply in aggravated cases.
It’s crucial for individuals facing a first offense domestic violence charge to consult an experienced criminal defense lawyer.
What Defenses Can Be Raised If I’m Arrested for Domestic Violence in Columbia, South Carolina?
When facing a domestic violence charge, it is essential to understand the possible defenses that can be raised to challenge the accusations.
These defenses may include:
- Self-defense: Claiming that you acted to protect yourself from immediate harm.
- Defense of others: Arguing that your actions were to protect another person from being harmed.
- False allegations: Asserting that the accusations are fabricated or exaggerated.
- Lack of intent: Demonstrating that there was no intent to cause harm.
- Insufficient evidence: Highlighting that the prosecution does not have enough evidence to prove the charges beyond a reasonable doubt.
Understanding your rights and potential defenses is vital when facing domestic violence charges. Talk to our Columbia criminal defense attorneys to learn more.
Schedule a Free Case Evaluation With Our Experienced Columbia Domestic Violence Defense Attorneys
If you or someone you know is facing a first-offense domestic violence charge in South Carolina, it is essential to seek legal counsel as soon as possible. Our experienced attorneys are dedicated to providing comprehensive and compassionate legal assistance. Don’t try to handle this situation alone. Contact Jeffcoat Criminal Defense Lawyers to speak with a South Carolina domestic violence attorney.
