Domestic Violence Allegations Can Change Things Quickly
A disagreement at home can turn into an arrest, bond restrictions, separation from your residence or family, and a criminal case before you have had much opportunity to explain what happened.
Sharpe & Leventis, LLC represents people accused of domestic violence in Columbia and surrounding South Carolina communities.
We examine the events leading up to the accusation, statements from the people involved, police reports, injuries, video, messages, witnesses, and other evidence to determine what the State can actually prove.
What Is Domestic Violence Under South Carolina Law?
South Carolina law makes it unlawful to cause physical harm or injury to a household member. It also covers an offer or attempt to cause physical harm or injury when the accused appears capable of doing so under circumstances reasonably creating fear of imminent danger.
That means a domestic violence charge does not always require evidence of a physical injury. Two questions become particularly important:
What Conduct Is Being Alleged?
The case may involve an alleged injury, threatened injury, attempted physical harm, or other conduct that the prosecution believes satisfies South Carolina’s domestic violence statute.
Does the Relationship Qualify?
South Carolina domestic violence law applies to qualifying household members. The statute includes:
- Spouses
- Former spouses
- People who have a child together
- People who live together or formerly lived together as a couple
Although the statutory text still contains gender-specific wording for unmarried cohabitants, South Carolina courts have held that the law cannot exclude similarly situated same-sex couples.
Domestic Violence Charges in South Carolina
South Carolina divides domestic violence offenses into several levels based on factors including the severity of an alleged injury, prior convictions, protection-order violations, use of a firearm, and circumstances surrounding the incident.
Domestic Violence in the Third Degree
Third-degree domestic violence generally applies when the basic prohibited conduct occurs without the additional circumstances required for a higher degree.
It is a
misdemeanor punishable by a fine of $1,000 to $2,500, up to
90 days in jail, or both. Third-degree domestic violence is also currently eligible for pretrial intervention under the statute.
Domestic Violence in the Second Degree
A charge can rise to second degree when circumstances include:
- Moderate bodily injury, or conduct likely to cause it
- One prior domestic violence conviction within 10 years
- Certain protection-order violations
- Certain aggravating circumstances, such as the incident occurring in the presence of a minor or involving impeded breathing
Second-degree domestic violence is a
misdemeanor carrying up to
three years of imprisonment, a $2,500 to $5,000 fine, or both.
Domestic Violence in the First Degree
First-degree charges can involve circumstances such as:
- Great bodily injury or conduct likely to cause it
- Two or more prior domestic violence convictions within 10 years
- Use of a firearm
- Certain protection-order violations
- Additional aggravating circumstances occurring with second-degree domestic violence
It is a
felony punishable by up to 10 years in prison.
Domestic Violence of a High and Aggravated Nature
Domestic Violence of a High and Aggravated Nature, often called DVHAN, is the most serious offense within this statutory structure.
It can apply when domestic violence occurs under circumstances showing extreme indifference to human life and results in great bodily injury, creates a reasonable fear of imminent great bodily injury or death, or involves certain protection-order violations.
DVHAN is a
felony punishable by up to 20 years in prison.
What Can Raise a Domestic Violence Charge to a More Serious Degree?
South Carolina law specifically identifies circumstances that can increase the seriousness of a domestic violence charge, including:
The Alleged Injury
The statute distinguishes between
moderate bodily injury and
great bodily injury, and the classification of the alleged injury can directly affect the charge.
Prior Domestic Violence Convictions
A prior qualifying domestic violence conviction within the preceding 10 years can increase the degree of a later charge. Multiple prior convictions can increase it further.
A Child Being Present
Certain offenses may be elevated when they occur in the presence of—or are perceived by—a minor.
Pregnancy
The degree may also be affected when the accused knew or reasonably should have known that the alleged victim was pregnant.
Impeding Breathing
Conduct that blocks or impedes another person’s breathing or airflow can become a statutory aggravating factor.
Preventing an Emergency Call
Using or threatening physical force to prevent someone from accessing a phone or other communication device to report an offense or request emergency help can also increase the degree.
What Happens After a Domestic Violence Arrest?
A domestic violence case can begin affecting someone before the criminal charge is resolved.
Bond Conditions May Restrict Contact
A judge may impose conditions on release that restrict contact with the alleged victim or access to certain locations.
If the court enters a no-contact or other protective condition, follow it carefully. The fact that the other person initiates contact does not necessarily give the accused permission to ignore a court order.
Protection Orders May Become a Separate Issue
A criminal domestic violence case and a family-court order of protection are not necessarily the same proceeding.
A protection order can create separate restrictions, and violating a qualifying protection order can itself create additional criminal consequences. South Carolina’s domestic violence statute expressly treats protection orders and certain violations as relevant to both charging and sentencing.
Firearm Rights Can Be Affected
South Carolina law restricts firearm and ammunition possession after certain domestic violence convictions and under some qualifying orders of protection. The duration and scope depend on the conviction or order involved.
Because state and federal firearm laws may both apply, this issue should be evaluated carefully rather than assuming every domestic violence charge has the same consequence.
What Evidence Matters in a Domestic Violence Case?
Domestic violence cases frequently involve people who know each other well and give sharply different accounts of the same incident.
The defense should look beyond the initial accusation. Relevant evidence may include:
- 911 recordings
- Police body-camera footage
- Photographs
- Medical records
- Witness statements
- Text messages
- Emails
- Social media messages
- Cellphone video
- Surveillance footage
- Statements made to police
- Prior communications between the parties
- Evidence concerning the scene
- Evidence of injuries to either person
South Carolina law allows officers to make certain domestic violence arrests based on probable cause even when the alleged incident did not occur in the officer’s presence. Law enforcement must also document its investigation.
What If the Alleged Victim Wants the Charges Dropped?
The alleged victim generally does not control the prosecution once criminal charges have been filed.
A prosecutor may consider the person’s wishes, statements, cooperation, credibility, and available evidence, but the State ultimately determines whether it will continue prosecuting the case.
In fact, South Carolina law provides that unless the complaint is voluntarily dismissed or the charge is dropped before the scheduled trial date, a person charged under the domestic violence chapter must appear before a judge for disposition or be tried in the person’s absence.
Do not attempt to persuade an alleged victim to change a statement or withdraw allegations, particularly when a no-contact order is in place.
How Sharpe & Leventis Approaches a Domestic Violence Case
01
We Start With Your Account
We want to understand what happened before police arrived, what occurred during the incident, and what happened afterward.
02
We Review the Exact Charge
We examine which degree has been alleged and what facts the prosecution must prove to support it.
03
We Look Beyond the Police Report
Body-camera footage, 911 recordings, photographs, witness statements, messages, medical evidence, and other records may add important context.
04
We Evaluate Immediate Restrictions
Bond conditions, no-contact provisions, protection orders, firearm issues, and upcoming court dates may require attention early in the case.
05
We Identify Defense Issues
Conflicting statements, self-defense, evidentiary problems, the alleged injury, the qualifying relationship, and the circumstances of the arrest can all affect strategy.
06
We Prepare for What Comes Next
Depending on the facts, that may involve investigation, communication with prosecutors, motions, negotiation, or preparation for trial.
Frequently Asked Questions
Can I be charged with domestic violence if no one was physically injured?
Yes. South Carolina law also prohibits certain offers or attempts to cause physical injury when the accused has the apparent present ability to do so and the circumstances reasonably create fear of imminent peril.
Is domestic violence a felony in South Carolina?
Some levels are. Third- and second-degree domestic violence are classified as misdemeanors. First-degree domestic violence and Domestic Violence of a High and Aggravated Nature are felonies.
What if my spouse or partner does not want to press charges?
That does not automatically end the case. Once the State is prosecuting the charge, the alleged victim cannot necessarily require prosecutors to dismiss it.
Can a domestic violence charge involve an ex?
Yes. South Carolina’s definition of household member includes former spouses and qualifying former cohabitants, as well as people who share a child.
Can I contact the alleged victim after I am released?
Only if doing so complies with your bond conditions and any protection or restraining orders. If the court has ordered no contact, do not assume that the other person initiating contact changes the order.
Contact Our Columbia Law Firm for a Free Consultation Today.
Tell
Sharpe & Leventis, LLC what happened before the details of the case are reduced to a police report. We can review the charge, explain what you are facing, and help you understand what comes next.