If you have been arrested for Criminal Domestic Violence, you may be facing steep fines and significant jail time. A conviction for criminal domestic violence can also adversely affect your employment and job opportunities, prohibit you from owning or possessing a firearm, and can negatively impact child custody cases. A Charleston Criminal Domestic Violence Attorney may be able to work with you to have those charges against you reduced, diverted, or even dismissed before it goes to trial.
What are the penalties for CDV in South Carolina?
In South Carolina, there are three “degrees” of domestic violence. The most severe of this is domestic violence of a high or aggravated nature or “DVHAN.” Aggravated domestic violence involves the use of a weapon or by causing serious bodily injury or an assault, which would cause someone to fear severe physical harm or death. Anyone convicted of domestic violence of a high or aggravated nature will face a mandatory minimum of one year to a maximum sentence of 20 years in prison.
Domestic violence of the first degree may be charged when the defendant caused severe bodily injury to the victim, are in violation of an order of protection, use a weapon or a firearm or commit the offense against a minor. A conviction of first-degree domestic violence may result in a 10-year prison sentence.
Second-degree domestic violence applies when a person commits the assault, and it results in moderate bodily injury or if the person has a prior conviction for domestic violence. Second-degree criminal domestic violence will also apply if the victim is pregnant. A conviction for second-degree domestic violence is punishable by a fine between $2,500 and $5,000 and up to three years in prison.
Third-degree domestic violence is the least severe level. A conviction under this statute can incarcerate a person for up to 90 days with a fine of between $2,500.00 to $5,000.00. In some cases, a person may be allowed access to a pretrial diversionary class for domestic abuse and anger management to avoid a criminal conviction.
Have you Been Accused of Domestic Violence?
If you have been arrested for domestic violence, do not wait until your situation becomes more difficult to defend. A conviction of domestic violence can wreck your livelihood, Kidd Corvey & Simpson law firm has the skill and real courtroom experience you require. Call Kidd Corvey and Simpson today so we can discuss your case.