South Carolina Criminal Domestic Violence
Criminal Domestic Violence, is, unfortunately, one of the most common criminal charges here in South Carolina. According to South Carolina law, the crime of domestic violence is committed when a person causes harm or injury to a household member, or are threatening or attempting to cause harm or injury while appearing able to carry out the threat. Dependent on the nature of the alleged crime and the history of the defendant, domestic violence charges can be either a misdemeanor or a felony, but all domestic violence charges are prosecuted in Criminal Court. A Criminal Domestic Violence arrest can not only tear your life apart; it can also carry up to a 20-year prison sentence, even for first-time offenses.
Here at The Woods Law Firm, we understand that Criminal Domestic Violence charges may be brought against you by law enforcement in a case that has very little, or even no evidence at all. It is important to us that your legal rights are protected throughout the entire process, especially during a Criminal Domestic Violence arrest and trial, which in the state of South Carolina can be devastating and have lifelong consequences. If you or a loved one are facing domestic violence charges, it is likely that you feel helpless and concerned for your future. It is imperative that you find a domestic violence defense attorney that can educate you on the relevant law and court procedures, and will protect your interests at every step. The Woods Law Firm understands that this can be a frightening time for you and your family and strives to educate our clients on the legal process so that they can empower themselves to handle a challenging situation.
What is Criminal Domestic Violence in South Carolina?
According to South Carolina’s domestic violence laws which are codified in S.C. Code § 16-25-10, et seq. it is unlawful to:
- cause physical harm or injury to a person’s own household member; or
- offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
According to South Carolina Legislation, a ‘household’ member is defined as a spouse, former spouse, persons who have a child in common, or people of the opposite sex who live together or were previously cohabiting
What Are The Penalties For Criminal Domestic Violence?
Penalties for Criminal Domestic Violence in the state of South Carolina are dependent on the type of domestic violence charge, and can include;
- Up to 20 years in prison,
- A fine of up to $5000; and/or,
- 26 weeks of domestic abuse counseling
If convicted your criminal record will prevent you from being able to purchase or possess a firearm, reside legally in the United States or become a U.S. Citizen, and will likely create lifelong difficulties when seeking employment.
According to South Carolina law, if a police officer has probable cause to believe that the crime of domestic violence has taken place, the officer can make an arrest with or without a warrant, even if they did not see the alleged event take place. If the victim has suffered an injury in any way, the officer must make an arrest if they have probable cause to believe a crime of domestic violence has occurred. On the face of it, this law was created to protect the most vulnerable in our society, but in reality, many times law enforcement training can be inadequate and can lead to unnecessary arrests of innocent people. Criminal Domestic Violence law oftentimes criminalizes conduct that in any other situation would not be classed as a criminal act, for example, the injury or attempt to cause an injury to another is not actually required to have taken place in order for law enforcement to arrest an individual. Individuals may be arrested based solely on a misinterpretation of the statute by the officer, or the malicious and false statements made by another. This becomes particularly problematic for the accused when minimal, or no, evidence that any violation of the law has occurred, and can have far-reaching reverberations and lifelong consequences.
Individuals arrested and charged with domestic violence are entitled to all of the protections of the law, and reserve the right to be represented by an attorney at every stage of their case. An arrest for Criminal Domestic Violence does not automatically result in a conviction.
What Happens When You Are Charged With Criminal Domestic Violence?
The Woods Law Firm believes that knowledge and understanding is an integral part of our service. We want to help you understand the legal process and the subsequent implications that you are facing. As per South Carolina legislation, after an individual is arrested for Criminal Domestic Violence, they are transported by the police to the local jail or county detention center, at which point they will be “booked” or admitted in. This involves taking your photograph and a record of your fingerprints. It typically takes under 24 hours to be seen before a Magistrate for the purposes of setting a bond. It is up to the Magistrate to determine what conditions will be imposed on you. This includes whether or not a cash or surety bond will be required to secure your release until trial. It is important to note that it is your right to be represented by an attorney at the Bond Court if you so choose to.
What Happens When You Are Released?
Once you are released, you will typically be prohibited from having any contact with the alleged victim of the crime under an order set by the Bond Court. Although this may be difficult, it is crucial that you adhere to the no-contact order that is put into place, as consequences for contacting the alleged victim (even if they initiate it) can cause you to be held in contempt of court and face a possible jail sentence of up to 30 days or more. In specific circumstances,
Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.