Understanding Domestic Violence Charges in South Carolina: A Columbia, SC Perspective
Domestic violence is a serious issue that affects many families in Columbia and throughout South Carolina. At Thompson & Hiller, we’ve seen firsthand how these charges can impact lives. Whether you’re facing accusations or simply want to be informed, understanding the different levels of domestic violence charges is crucial. Let’s break down these charges in both legal and everyday language.
What Constitutes Domestic Violence in South Carolina?
Before we dive into the specific levels of charges, it’s important to understand what qualifies as domestic violence in our state. In South Carolina, domestic violence involves physical harm, attempted physical harm, or the threat of physical harm against a “household member.” But who exactly is considered a household member?
– A spouse or former spouse
– Persons who have a child in common
– A male and female who are cohabiting or formerly have cohabited
It’s worth noting that same-sex couples are not explicitly included in this definition under current South Carolina law, though federal protections may apply.
What Are the Different Levels of Domestic Violence Charges in South Carolina?
South Carolina recognizes three levels of domestic violence charges, each with its own set of criteria and potential penalties. Let’s examine each one:
1. What is Domestic Violence in the Third Degree?
Technical Definition: According to S.C. Code § 16-25-20(D), this is the least severe charge, but still a serious offense.
In Layman’s Terms: This is often referred to as “simple” domestic violence. It typically involves:
– Causing minor injury
– Attempting to cause physical harm
– Putting a family member in fear of imminent harm
Potential Penalties:
– Misdemeanor charge
– Up to 90 days in jail
– Fine up to $2,500
2. What Constitutes Domestic Violence in the Second Degree?
Technical Definition: As per S.C. Code § 16-25-20(C), this charge involves more severe actions or repeated offenses.
In Everyday Language: This is a step up from third-degree and might involve:
– Moderate physical injury
– Violating a protection order while committing domestic violence
– Using a weapon in a threatening manner
– Committing the offense in the presence of a minor
– Choking or strangling the victim
Potential Penalties:
– Misdemeanor charge
– Up to 3 years in prison
– Fine up to $5,000
3. How is Domestic Violence in the First Degree Defined?
Technical Definition: S.C. Code § 16-25-20(B) outlines the most severe domestic violence charge.
In Plain English: This is the most serious domestic violence charge, typically involving:
– Severe physical injury
– Using a firearm
– Committing the offense during a robbery, burglary, kidnapping, or theft
– Preventing the victim from calling for help
– Prior convictions for domestic violence
Potential Penalties:
– Felony charge
– Up to 10 years in prison
What Additional Consequences Might Someone Face for a Domestic Violence Conviction in Columbia?
Beyond the immediate legal penalties, a domestic violence conviction in Columbia, SC can have far-reaching consequences:
- Loss of firearm rights
- Difficulty finding employment
- Housing challenges
- Impact on child custody arrangements
- Immigration consequences for non-citizens
How Can Thompson & Hiller Help with Domestic Violence Charges in Columbia?
If you’re facing domestic violence charges in Columbia, SC, Thompson & Hiller is here to help. Our approach includes:
- Thorough investigation of the allegations
- Evaluation of evidence and police procedures
- Exploration of all possible defenses
- Negotiation with prosecutors for reduced charges or alternative resolutions
- Aggressive representation in court if necessary
What Should You Do If You’re Facing Domestic Violence Charges in Columbia?
If you’re dealing with domestic violence charges in Columbia, here are some crucial steps:
- Exercise your right to remain silent
- Do not violate any protective orders
- Avoid contact with the alleged victim
- Document your side of the story
- Contact an experienced defense attorney immediately
Are There Any Alternatives to Traditional Prosecution for Domestic Violence in Columbia?
In some cases, yes. Columbia and the surrounding areas have programs that may offer alternatives:
- Pre-Trial Intervention (PTI) for first-time offenders
- Counseling and anger management programs
- Substance abuse treatment, if applicable
These alternatives focus on rehabilitation rather than punishment and may be an option depending on the specifics of your case.
Conclusion: Why is Experienced Legal Representation Crucial in Domestic Violence Cases?
Domestic violence charges in Columbia, SC are taken very seriously by law enforcement and prosecutors. The complexities of these cases, combined with the potential for severe penalties and long-lasting consequences, make it crucial to have knowledgeable legal representation.
At Thompson & Hiller, we understand the nuances of domestic violence laws in South Carolina. We’re committed to protecting your rights, exploring all possible defenses, and working towards the best possible outcome for your case.
If you’re facing domestic violence charges in Columbia or have questions about these laws, don’t hesitate to reach out to Thompson & Hiller. We’re here to provide the experienced, compassionate legal guidance you need during this challenging time.
Remember, an accusation is not the same as a conviction. With the right legal strategy, it’s possible to challenge these charges effectively. Let Thompson & Hiller put our experience to work for you.
