Being arrested for domestic violence in South Carolina does not automatically mean you will be convicted of the charge as originally filed. Depending on the facts of the case, the evidence available to prosecutors, your criminal history, and other circumstances, a domestic violence charge may potentially be reduced, dismissed, or resolved through another legal option.
However, domestic violence cases can be complicated. South Carolina has specific laws governing these offenses, and the consequences of a conviction can extend well beyond fines or jail time.
If you have been charged with domestic violence in Greenville or elsewhere in Upstate South Carolina, speaking with an experienced criminal defense attorney as early as possible can help you understand the options available in your particular case.
Understanding Domestic Violence Charges in South Carolina
Under South Carolina law, domestic violence generally involves causing physical harm or injury to a household member or offering or attempting to cause physical harm when the person apparently has the present ability to do so and the circumstances reasonably create fear of imminent danger.
South Carolina divides domestic violence offenses into several levels, including:
Domestic Violence in the Third Degree
Domestic Violence in the Second Degree
Domestic Violence in the First Degree
Domestic Violence of a High and Aggravated Nature (DVHAN)
The appropriate charge depends on factors such as the severity of the alleged injury, prior domestic violence convictions, whether a protection order was allegedly violated, whether a minor was present, whether strangulation or obstruction of breathing allegedly occurred, and whether a firearm was involved.
Because the differences between these charges can substantially affect the potential penalties, determining whether the prosecution can prove the elements required for the specific charge is an important part of building a defense.
Can a Domestic Violence Charge Be Dismissed?
Yes, dismissal may be possible in some South Carolina domestic violence cases, but it is never guaranteed.
A prosecutor may decide not to continue with a case when there are significant problems with the evidence or when the available evidence does not support the charge.
Potential issues that could affect a domestic violence prosecution include:
Insufficient Evidence
The prosecution has the burden of proving the charge beyond a reasonable doubt. If the available evidence does not establish the required elements of domestic violence, a defense attorney may challenge the State’s ability to proceed.
Conflicting Accounts of What Happened
Domestic disputes can involve conflicting versions of events. Police reports, witness statements, photographs, text messages, videos, 911 recordings, medical records, and other evidence may become important in determining what actually occurred.
Self-Defense
An individual accused of domestic violence may contend that he or she acted in lawful self-defense. The circumstances surrounding the confrontation can therefore be critical.
Problems With the Investigation
The manner in which an arrest or investigation was conducted can also matter. A defense attorney can examine whether evidence was lawfully obtained, whether statements were properly taken, and whether other legal or procedural issues exist.
Every case is different. An attorney must examine the specific evidence before determining whether there may be grounds to seek dismissal.
Can the Alleged Victim “Drop the Charges”?
This is one of the most common misunderstandings surrounding domestic violence cases.
Once criminal charges have been filed, the alleged victim generally does not have sole authority to make the criminal case disappear.
The prosecution is brought by the government, not by the alleged victim. Therefore, even if the alleged victim says they no longer want to pursue the case, prosecutors may still decide to move forward when they believe sufficient evidence exists.
South Carolina law specifically contemplates that a domestic violence complaint may be voluntarily dismissed or a charge dropped before trial, but that decision is part of the criminal court process.
This is why defendants should not assume that a case is over simply because the other person no longer wants prosecution.
Can a Domestic Violence Charge Be Reduced?
Potentially.
South Carolina law expressly recognizes lesser-included offenses within its domestic violence statutes. For example, Domestic Violence in the Third Degree is a lesser-included offense of Domestic Violence in the Second Degree and higher domestic violence charges. The statute also identifies certain assault and battery offenses as lesser-included offenses.
Depending on the circumstances, a defense attorney may examine whether the evidence actually supports the degree of domestic violence originally charged.
For example, the prosecution’s ability to establish the severity of an alleged injury can make an important difference.
South Carolina distinguishes between levels of injury when determining certain domestic violence charges. Second-degree domestic violence can involve “moderate bodily injury,” while first-degree domestic violence can involve “great bodily injury” or conduct likely to cause such injury.
If the evidence does not establish the aggravating factor necessary for a higher-level charge, that can become an important issue in the defense.
Is Pretrial Intervention Available for Domestic Violence?
In certain cases, yes.
South Carolina law specifically states that a person charged with Domestic Violence in the Third Degree is eligible for pretrial intervention under the state’s applicable pretrial intervention laws.
Eligibility does not mean that every person charged with third-degree domestic violence will automatically be admitted into a program. The availability and suitability of a diversionary resolution depend on the circumstances and applicable program requirements.
For someone who qualifies, however, this is one of the possibilities an attorney may investigate when determining how to resolve the case.
What Are the Penalties for Domestic Violence in South Carolina?
The potential consequences depend heavily on the degree of the charge.
For example, South Carolina currently classifies Domestic Violence in the Third Degree as a misdemeanor punishable by a fine of $1,000 to $2,500, imprisonment for up to 90 days, or both.
Domestic Violence in the Second Degree is also a misdemeanor but carries substantially greater potential punishment: a fine of $2,500 to $5,000, imprisonment for up to three years, or both.
First-degree domestic violence and DVHAN carry still more serious consequences.
A conviction can also create consequences outside the immediate criminal sentence. Depending on the charge and circumstances, domestic violence cases may affect firearm rights and can create other long-term complications. South Carolina law contains specific firearm restrictions associated with certain domestic violence convictions.
That makes it especially important to understand the full consequences of any proposed plea agreement before accepting it.
What Should You Do After a Domestic Violence Arrest?
If you have been charged, avoid assuming that you should simply plead guilty because an arrest occurred. An arrest and a conviction are two very different things.
A criminal defense attorney can investigate questions such as:
What evidence does the prosecution actually have?
Do witness statements contradict one another?
Are photographs or medical records consistent with the allegations?
Are text messages, videos, or other records relevant?
Was the defendant acting in self-defense?
Can the State prove the particular degree of domestic violence charged?
Is a reduction to a lesser charge appropriate?
Is pretrial intervention or another resolution available?
Are there grounds to seek dismissal?
The answers depend on the specific circumstances of the case.
Charged With Domestic Violence in Greenville, SC? Contact Price Law Firm
Domestic violence accusations can have serious consequences, but being charged does not mean that a conviction is inevitable.
Depending on the evidence and circumstances, there may be opportunities to challenge the allegations, pursue a reduction in charges, seek dismissal, negotiate another resolution, or defend the case at trial.
If you are facing domestic violence charges in Greenville, South Carolina, or the surrounding Upstate area, contact Price Law Firm to discuss your case with an experienced criminal defense attorney.
The earlier an attorney can review the allegations and evidence, the more opportunity there may be to identify weaknesses in the prosecution’s case and develop an appropriate defense strategy.
This article is for general informational purposes only and does not constitute legal advice. Every criminal case is different. Consult a qualified South Carolina criminal defense attorney regarding your specific situation.