Understanding Domestic Violence Charges in South Carolina: Key Differences in Lexington and Richland Counties
South Carolina has some of the most stringent domestic violence laws in the United States, ranking among the highest in domestic violence-related deaths. If you’ve been charged with domestic violence (DV) in South Carolina, it’s essential to understand the different levels of charges and their consequences, especially if you live in Lexington, Richland, Kershaw, or Union counties. Whether you’re facing a misdemeanor or a felony, knowing your rights and the potential penalties could make a significant difference in your case.
What Constitutes Domestic Violence in South Carolina?
In South Carolina, domestic violence is legally defined as physical harm, injury, or the threat of harm to a household member. A “household member” includes:
– A current or former spouse
– A person you share a child with
– Someone you are or have been in a romantic relationship with
– A person you currently or previously lived with
The law covers not just actual physical harm, but also threats that make a household member reasonably fear imminent injury. The penalties depend on the degree of violence and the circumstances surrounding the incident.
What Are the Different Degrees of Domestic Violence in South Carolina?
Domestic violence charges in South Carolina are divided into four categories:
- Domestic Violence of a High and Aggravated Nature (DVHAN)
- First Degree Domestic Violence
- Second Degree Domestic Violence
- Third Degree Domestic Violence
Each of these charges carries different penalties and legal implications, with DVHAN being the most severe.
What is Domestic Violence of a High and Aggravated Nature (DVHAN)?
DVHAN is the most serious domestic violence charge in South Carolina. It involves extreme circumstances that show a disregard for human life and typically results in severe injury or the potential for death. You can be charged with DVHAN if the following factors are present:
– The victim suffers great bodily harm or was at risk of great bodily harm.
– A deadly weapon was used (this can include any object capable of causing death, not just guns or knives).
– The incident occurred in front of a child.
– The victim was pregnant, and the defendant knew or should have known this.
– The defendant prevented the victim from calling for help.
Penalties for DVHAN in South Carolina:
A DVHAN conviction is a felony and can result in up to 20 years in prison. It is also considered a “violent” and “serious” offense under South Carolina law, meaning offenders must serve at least 85% of their sentence before they can be eligible for parole.
How Does First Degree Domestic Violence Differ from DVHAN?
First-degree domestic violence is the second most serious domestic violence charge. It applies in cases where the defendant caused or could have caused great bodily injury. It also applies when aggravating factors are present, such as:
– The defendant used a firearm.
– There were two or more prior DV convictions within the past 10 years.
– The offense occurred in front of a minor or during the commission of another serious crime, such as burglary or kidnapping.
Penalties for First-Degree Domestic Violence in South Carolina:
A conviction for first-degree domestic violence is a felony, punishable by up to 10 years in prison. This charge is also categorized as a “serious offense,” which could lead to life imprisonment without parole after three convictions for serious or most serious offenses.
What Qualifies as Second Degree Domestic Violence in South Carolina?
Second-degree domestic violence typically involves “moderate” bodily injury or the likelihood of such injury. You can be charged with second-degree DV if you:
– Caused or threatened to cause moderate bodily injury to the victim.
– Committed the offense in front of a minor.
– Prevented the victim from seeking help (for example, by taking away their phone).
– Violated a protective order.
Penalties for Second-Degree Domestic Violence in South Carolina:
A second-degree DV conviction is a misdemeanor, but it carries serious consequences, including up to 3 years in prison and fines between $2,500 and $5,000. The judge has the discretion to suspend the sentence and place the offender on probation.
What is Considered Third Degree Domestic Violence in South Carolina?
Third-degree domestic violence is the least severe form of DV, but it’s still a serious charge. This misdemeanor applies when a defendant causes or threatens physical harm to a household member, but the injuries are not classified as moderate or severe. It typically covers less severe incidents where no deadly weapons are involved and no significant injuries are caused.
Penalties for Third-Degree Domestic Violence in South Carolina:
A conviction for third-degree DV can result in up to 90 days in jail and/or fines between $1,000 and $2,500. As with second-degree DV, the judge can suspend the sentence and order probation, provided certain conditions are met, such as attending a domestic violence intervention program.
How Do Domestic Violence Laws Differ Between Lexington and Richland Counties?
While South Carolina state law governs domestic violence charges, local court procedures and practices can vary between counties. In Lexington County, the courts tend to take a hard stance on domestic violence cases, with strict enforcement of protective orders and quick responses to DV-related calls. Richland County courts, particularly in Columbia, handle a larger volume of DV cases, which means the process may take longer, but the penalties are no less severe.
Both counties emphasize the protection of victims, but local variations in law enforcement response times and court dockets can affect how cases progress. If you’ve been charged in either county, working with a defense attorney familiar with local practices is crucial.
What Should You Do if You’re Charged with Domestic Violence in Columbia, Lexington, Camden, or Union?
Being charged with domestic violence can be overwhelming, but it’s important to act quickly to protect your rights. Here’s what you should do:
- Stay Calm and Avoid Further Conflict: Engaging in further arguments or confrontations will only worsen your situation.
- Contact an Experienced Criminal Defense Attorney: A local defense attorney with experience in domestic violence cases will understand the complexities of South Carolina law and how cases are handled in your county.
- Comply with Court Orders: If a protective order or bond conditions are in place, make sure to follow them to avoid additional charges.
- Gather Evidence: Start gathering any documentation or evidence that can help your defense, such as text messages, emails, or witness statements.
- Prepare for Your Case: Work closely with your attorney to develop a defense strategy, which may include challenging the evidence or arguing for reduced charges or penalties.
Conclusion: Protecting Your Rights in a DV Case
Domestic violence charges in South Carolina carry significant consequences, ranging from jail time to hefty fines and the potential loss of certain civil rights, like gun ownership. Whether you’re facing a misdemeanor or a felony charge, understanding the differences between DVHAN, first, second, and third-degree charges is critical. The legal team at Thompson & Hiller Defense Firm has extensive experience defending clients in Columbia, Lexington, Camden, and Union. We can help you navigate the legal system and fight for the best possible outcome.
If you’ve been charged with domestic violence in Lexington or Richland County, contact our firm today for a consultation to discuss your options.
