Domestic Violence
Domestic violence charges are serious allegations that can have profound and far-reaching effects on your life. In South Carolina, domestic violence involves acts of physical harm, threats, or other forms of abuse against a household member, which includes spouses, former spouses, co-parents, and individuals who live together. These charges can lead to severe legal consequences, including imprisonment, fines, restraining orders, and loss of child custody. It is crucial to understand the specifics of these charges, your legal rights, and the steps you need to take to protect yourself. At Thompson and Hiller Defense Firm, we are committed to providing a clear and strategic defense, ensuring that your side of the story is heard and your rights are safeguarded throughout the legal process.
Facing Charges for Criminal Domestic Violence (CDV) in South Carolina
Criminal Domestic Violence (CDV) in South Carolina refers to acts of physical harm, injury, or threats of harm between household members, as defined under Title 16, Chapter 25 of the South Carolina Code of Laws. This includes violence or threats between current or former spouses, individuals who share a child, and persons who currently or previously cohabitated.
Legal Definitions and Classifications
CDV encompasses various degrees based on the severity and circumstances of the offense:
- Third-Degree CDV: The least severe, typically involving minor injuries or threats. Penalties can include up to 90 days in jail and fines up to $2,500.
- Second-Degree CDV: Involves moderate injury or violation of a protective order, with penalties of up to 3 years in prison.
- First-Degree CDV: Involves severe injury or a history of violence, punishable by up to 10 years in prison.
- CDV of a High and Aggravated Nature (CDVHAN): The most severe, involving serious injury or the use of a deadly weapon, punishable by up to 20 years in prison.
When a domestic violence incident is reported, law enforcement officers are required to investigate. If there is probable cause, they must arrest the alleged offender. This immediate response is aimed at preventing further harm and ensuring that the legal process begins promptly.
Court Process for Criminal Domestic Violence (CDV)
Once charged with Criminal Domestic Violence (CDV) in South Carolina, individuals will face a comprehensive court process. This begins with an arraignment, where the accused is formally charged and enters a plea. Following arraignment, there may be opportunities for plea bargains, where the defense and prosecution negotiate a potential resolution without going to trial. If a plea bargain is not reached, the case proceeds to trial. During the trial, both the prosecution and defense present their evidence, call witnesses, and make arguments to support their respective positions. The judge or jury then determines guilt based on the presented evidence. If found guilty, the court imposes appropriate sentencing, which can include imprisonment, fines, mandatory counseling, and community service. The severity of the penalties typically depends on the degree of the CDV charge and any aggravating factors involved.It’s important to understand that the court process also includes several procedural protections for the accused. These include the right to legal representation, the right to cross-examine witnesses, and the right to present a defense. Throughout the process, both sides may file various motions, such as motions to suppress evidence or dismiss charges, which can significantly impact the outcome of the case.
Additionally, individuals charged with CDV may be subject to protective orders, which are designed to prevent further contact between the accused and the alleged victim. These orders can include provisions to stay away from the victim’s home, workplace, and other significant locations, and they may also address temporary custody arrangements for children involved in the case. Navigating the court process for CDV charges requires careful legal strategy and an understanding of South Carolina’s domestic violence laws. Thompson & Hiller Defense is dedicated to providing skilled legal representation to help clients through every stage of this challenging process, ensuring their rights are protected and working towards the best possible outcome.
Begin Your Defense Today
Call for a free Case Consultation
If you are facing criminal charges in South Carolina, call Thompson & Hiller to hear your options.
Frequently Asked Questions for Those Facing CDV Charges
What should I do immediately after being charged with CDV?
Contact a qualified defense attorney as soon as possible to discuss your case and understand your legal rights and options.
What are the potential penalties for a CDV conviction in South Carolina?
Penalties can range from fines and mandatory counseling to imprisonment, depending on the severity of the charges.
How can a defense attorney help me with my CDV case?
An attorney can provide legal representation, develop a defense strategy, negotiate plea deals, and guide you through the legal process.
What should I look for in a CDV defense attorney?
Look for experience in CDV cases, familiarity with South Carolina law, personalized defense strategies, and comprehensive support.
Can a CDV charge be reduced or dismissed?
Yes, with the help of a skilled attorney, it is possible to challenge the evidence, negotiate plea deals, or get charges reduced or dismissed.
What are protective orders and how do they affect my case?
Protective orders can restrict contact with the alleged victim and may impact your living arrangements and custody of children.
What are the aggravating factors that can elevate a CDV charge?
Factors include causing significant injury, using a deadly weapon, committing the act in front of a minor, or having prior CDV convictions.
How does South Carolina law define “household member”?
It includes current or former spouses, individuals who share a child, and those who currently or previously lived together.
What is the “Stand Your Ground” law and can it be used in my defense?
The “Stand Your Ground” law allows for self-defense if you believe you are in imminent danger. Its applicability depends on the specifics of your case.
What should LGBTQ individuals know about CDV charges?
LGBTQ individuals may face unique challenges, and it’s crucial to find an attorney sensitive to these issues and knowledgeable about LGBTQ-specific resources and legal consideration
Consequences if Convicted of CDV:
The consequences of a Criminal Domestic Violence (CDV) conviction in South Carolina are severe and vary based on the degree of the offense. Understanding these consequences is crucial for anyone facing such charges, as they can significantly impact one’s life.
- Third-Degree CDV:
This is the least severe form of CDV. If convicted, an individual faces up to 90 days in jail and fines up to $2,500. This level typically involves minor injuries or threats that do not result in substantial harm.
- Second-Degree CDV:
A conviction for second-degree CDV can result in up to 3 years in prison and higher fines. This charge is applied in cases involving moderate injuries, violations of protective orders, or acts committed in the presence of a minor.
- First-Degree CDV:
The penalties for first-degree CDV are more severe, with possible imprisonment of up to 10 years and substantial fines. This charge involves severe injuries, a pattern of abusive behavior, or the use of a deadly weapon during the incident.
- CDV of a High and Aggravated Nature (CDVHAN):
The most severe form of CDV, CDVHAN, can lead to up to 20 years in prison. This charge is applied when the offender’s actions show extreme indifference to human life, such as using a deadly weapon or causing life-threatening injuries.
In addition to imprisonment and fines, a CDV conviction can result in mandatory participation in counseling or rehabilitation programs. These programs often include anger management classes and substance abuse treatment aimed at addressing the underlying issues contributing to violent behavior. Courts may also impose community service requirements, providing offenders an opportunity to give back to the community while learning constructive behaviors.Protective orders are another significant consequence of CDV convictions. These orders can restrict the offender’s contact with household members, including prohibiting them from approaching the home, workplace, or school of the victim. Protective orders can also impact custody arrangements, often resulting in the temporary or permanent loss of custody rights over children involved in the domestic situation.The implications of a CDV conviction extend beyond the immediate legal penalties. They can have long-lasting effects on an individual’s personal and professional life, including difficulties in finding employment, housing, and maintaining relationships. Therefore, understanding the severity of these charges and the importance of a strong defense is essential.
How We Can Assist with Your CDV Case:
Facing Criminal Domestic Violence (CDV) charges in South Carolina can be a daunting and complex experience. Thompson & Hiller Defense is committed to providing comprehensive legal representation to individuals charged with CDV. Our approach is centered around understanding the unique aspects of your case and developing a tailored defense strategy to achieve the best possible outcome.
Why Thompson & Hiller Defense?
Selection of the correct defense lawyer may be the most critical decision of your life if you have been accused of CDV. At Thompson & Hiller Defense, we offer experienced representation. Our attorneys have dealt with CDV cases and are well familiar with the law in South Carolina. Being able to fit our strategies to the unique circumstances of your case will amount to giving you a custom approach. We will be with you from our first consultation until the last verdict by supporting and guiding you, keeping you updated, and protecting your rights. While facing charges of CDV can be an onerous burden, working with Thompson & Hiller Defense puts you in a better position to know and get through the court process. Call us today to start building your defense.
U.S. Supreme Court Upholds Federal Domestic-Violence Gun Ban: What It Means for You
The 1996 Lautenberg Amendment is a policy that attempts to ban the possession of firearms by individuals who have been convicted of a misdemeanor involving domestic violence. It was intended to improve public safety concerning victims of domestic violence by denying firearm access to perpetrators with a history of violence. This represents only a part of the more significant federal approach to assist in the prevention of domestic violence and homicide, far too often connected to this crime.
Case Spotlight: United States v. Castleman
In another case in 2014, the Supreme Court hammered the final nail on the federal ban on guns for domestic violence. In United States v. Castleman, James Castleman was indicted for carrying firearms after a misdemeanor conviction of domestic violence. This centered on the meaning of “physical force” that is required to apply in a sentence for the Lautenberg Amendment’s ban on guns. The Supreme Court, in an opinion by Justice Sotomayor, unanimously ruled that even slight physical force triggers it.The Court’s decision provided clarification on many fronts of the law. It found that even some minor acts of violence should fall under the “physical force” prong and thereby extend the ban on guns. It is now clear that the definition goes on to reach those misdemeanors that involve any degree of physical force. This holding balanced gun rights with public safety concerns and showed a need to protect the victims of domestic violence. The ruling strengthened federal authority in enacting and enforcing domestic violence laws for uniform protection across states.
Implications of the Judgment
It is a huge decision with far-reaching implications. The ruling has come, therefore, to make strict the enforcement of the Lautenberg Amendment to ensure uniformity in all states. It also makes such states that do not have similar laws adjust theirs and be aligned with federal standards. It thus gives more protection to the victims of domestic violence. It will provide more safety and security to the victims in that the abuser cannot get to their guns since their victim legally obtains them. This decision, however, was opposed by gun rights groups. But the problems aren’t over. Implementation needs regular monitoring and reporting of convictions on cases involving domestic violence. There are even debates that some offenders can still obtain arms. The measure is likely to be tested from time to time more so regarding the rights to own guns.
Review Our Client Successes
Secure Your Defense With Thompson & Hiller
Use the form below to request your free and confidential consultation with one of attorneys