Understanding Domestic Violence Charges in South Carolina: A Guide for the Accused

What Constitutes Domestic Violence in South Carolina?

In South Carolina, domestic violence is a serious criminal charge that carries significant weight. Many people mistakenly believe that a physical injury must occur for an arrest to be made, but that is not the case. Under state law, you can be charged if you cause physical harm or injury to a household member, or if you attempt to cause such harm with the apparent ability to do so, creating a reasonable fear of imminent peril.

At Burns & Burns Law Firm in Rock Hill, SC, we understand that these situations are often complex and emotionally charged. Because our team includes professionals with both former law enforcement and former prosecutor experience, we have a unique perspective on how these cases are investigated and built by the state. We know that the reality of an incident is often far more nuanced than what is written in a police report.

Defining the Relationship: Who is a Household Member?

A critical element of any domestic violence charge is the relationship between the accused and the alleged victim. South Carolina law defines a household member broadly. You may face these specific charges if the alleged victim is:

• Your current or former spouse
• Someone with whom you share a child
• Someone you currently live with or have lived with in the past

If the alleged incident does not involve a household member, the charge may fall under different statutes, such as assault and battery. Understanding these distinctions is vital, as the legal consequences and court processes can vary significantly.

The Degrees of Domestic Violence Charges

South Carolina categorizes domestic violence into several levels, ranging from third-degree charges to the most severe, known as Domestic Violence of a High and Aggravated Nature (DVHAN). The severity of the charge often depends on the presence of aggravating factors, such as the use of a deadly weapon, the presence of a minor during the incident, or the severity of the injuries sustained.

DVHAN is a felony offense and carries the most severe penalties, potentially including lengthy prison sentences. Because the stakes are so high, it is imperative to have an attorney who understands the intricacies of the 2015 Domestic Violence Reform Act and how it impacts current prosecution strategies.

Protecting Your Rights and Your Future

When you are facing a criminal charge, the legal system can feel like an uphill battle. Prosecutors are tasked with building a case against you, and they often rely on initial statements made during high-stress moments. Our experience on both sides of the courtroom allows us to identify weaknesses in the state's evidence, challenge the credibility of witness accounts, and ensure that your side of the story is heard.

Your record is a reflection of your life, and a conviction can have long-lasting effects on your employment, housing, and personal relationships. Whether you are dealing with a misunderstanding or a complex family dispute, you deserve a defense that is as thorough as it is aggressive. If you have been arrested or are under investigation in Rock Hill or the surrounding areas, reach out to our team to discuss your options and begin building a strategy to protect your rights.