Understanding Domestic Violence Charges in South Carolina
Being accused of domestic violence is an incredibly stressful and isolating experience. In South Carolina, these charges are taken very seriously by law enforcement and the courts. At Burns & Burns Law Firm in Rock Hill, SC, we understand that an arrest does not mean you are guilty. Our team brings a unique perspective to your defense, combining years of experience from both sides of the courtroom—as former law enforcement officers and former prosecutors. We know exactly how the state builds these cases, and we know how to challenge them.
How South Carolina Defines Domestic Violence
Under South Carolina law, domestic violence is generally defined as causing physical harm or injury to a household member, or attempting to cause such harm with the apparent ability to do so. It is important to note that the term "household member" is broad and can include spouses, former spouses, people who have a child in common, or people who live together or have lived together in the past.
When police respond to a domestic call, they are required to evaluate the situation to determine if a crime has occurred. If they receive conflicting accounts from the parties involved, they must attempt to identify the "primary physical aggressor." This is a critical moment in any case, as it dictates who is arrested and who is not. If you feel that the police failed to properly investigate or misidentified you as the aggressor, this is a central point we can address in your defense.
The Different Degrees of Charges
South Carolina categorizes domestic violence into different degrees based on the severity of the incident and the circumstances involved. These classifications carry varying penalties, ranging from misdemeanors to serious felonies:
- Domestic Violence in the Third Degree: Often the starting point for charges, this is typically handled in summary court.
- Domestic Violence in the Second Degree: This may be charged if there is a prior conviction within the last ten years or if the incident involves specific aggravating factors.
- Domestic Violence of a High and Aggravated Nature (DVHAN): This is a felony charge. It is reserved for the most serious allegations, such as those involving the use of a deadly weapon, extreme indifference to human life, or incidents occurring in the presence of a minor.
Beyond potential jail time and fines, a conviction can have long-lasting consequences. One of the most significant is the potential loss of your Second Amendment rights. Under both state and federal law, a conviction for certain domestic violence offenses can result in a permanent prohibition against shipping, transporting, receiving, or possessing firearms and ammunition.
Why You Need Experienced Legal Counsel
The legal system is complex, and the stakes are high. When you are facing these charges, you need an advocate who understands the nuances of the law and the tactics used by the prosecution. Because our team at Burns & Burns Law Firm has served as both law enforcement and prosecutors, we can identify weaknesses in the state’s evidence that others might miss. We look at whether the police followed proper procedure, whether the evidence supports the charges, and whether your constitutional rights were upheld during the investigation.
We believe in a proactive approach. From the moment you contact us, we begin building a defense strategy tailored to your specific situation. Whether that involves negotiating with the prosecutor, challenging the evidence in court, or working to mitigate the potential impact on your record, we are committed to protecting your rights every step of the way.
Taking the Next Steps
If you have been arrested or are under investigation for domestic violence in Rock Hill or the surrounding areas, do not wait to seek legal guidance. The decisions you make early in your case can have a profound impact on the outcome. You deserve a defense that is as thorough and dedicated as the prosecution is aggressive. Contact Burns & Burns Law Firm today to discuss your case and learn how we can help you navigate this challenging time.
Have Questions About Your Case?
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