Criminal Domestic Violence in South Carolina

Criminal domestic violence (CDV) is defined under state law in South Carolina as have caused physical harm or injury to a household member or the attempt to cause such harm or injury. It must be accompanied by the actual ability to cause harm and must have created a fear of imminent harm in the victim. A first offense of CDV is charged as a misdemeanor, punishable by no more than a $1,000 fine and / or 30 days in jail. A second offense is also charged as a misdemeanor with penalties of fines between $2,500 and $5,000 and / or 30 days up to one year in jail. A third offense with the previous two CDVs within the last 10 years is charged as a felony carrying penalties of a mandatory minimum of one year up to five years in prison.

A South Carolina CDV may also be charged as a CDVHAN, meaning criminal domestic violence of a high and aggravated nature. This is defined as committing assault and battery using a deadly weapon or causing serious bodily injury. It is secondarily defined as committing assault, with or without battery, which puts the victim in fear of imminent serious bodily injury or death. A CDVHAN is charged as a felony and carries a minimum of one year incarceration which cannot be suspend by the court and a maximum of up to 10 years in prison.

In South Carolina, a household member is defined as a spouse, former spouse, a person with whom you have a child (whether married or not), and a male and female who live together or who have formerly lived together. Dating relationships and same-sex couples are not included in the definitions under state law.

Criminal Defense Attorney in Columbia, South Carolina

The most important thing you can do after being arrested and charged for criminal domestic violence is to enlist the services of a reliable criminal defense lawyer. Domestic violence charges are often based on the exaggerated or false claims of the other party. These situations often arise in connection with a divorce, relationship split, or child custody battle. They may constitute an attempt on the part of the accuser to gain the upper hand in an emotional or legal dispute.

At Masella Law Firm, P.A., serving clients in and around Columbia, you will be working with an attorney who is a former prosecutor with substantial experience. Mr. Masella has been practicing law since 1998 and brings outstanding knowledge and legal skills to every case he represents. He and his legal team will investigate your case from every angle to find the most effective legal strategy for your defense. If you are facing CDV charges, you are advised to speak to no one until you consult with an attorney. Contact the firm's offices to arrange for a legal consultation to discuss your case as soon as possible.