Sensitive and Caring Legal Representation
Domestic violence, or criminal domestic violence (CDV), is a serious offense that can have impacts beyond the actual criminal charge. A conviction for domestic violence can result in prohibitions against your owning firearms or ammunition and having restraining orders filed against you.
Domestic violence charges are classified as first, second, or third-degree, with first-degree being the most severe and third-degree being the least severe. There is also a greater charge referred to as Criminal Domestic Violence of a High and Aggravated Nature.
Domestic violence is generally defined under S.C. Code Section 16-25-20 (A). This section defines domestic violence as either
- causing “physical harm or injury to a person’s own household member” OR
- offering or attempting 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.”
Violation of that section is considered criminal domestic violence in the third degree. In order for a higher charge to be supported, the individual must have aggravating factors the state must prove in addition to the conduct in 16-25-20 (A). Those aggravating facts are listed in S.C. Code Section 16-25-20 (B) for domestic violence in the first degree and 16-25-20 (C) for domestic violence in the second degree. Criminal Domestic Violence of a High and Aggravated Nature is defined under section 16-25-65.
Regardless of the exact charge, all domestic violence charges should be handled with extreme care. A person charged with domestic violence in the third degree is eligible for pre-trial intervention (but needs the state’s recommendation to get in). Get a domestic violence lawyer who knows the law, like Christopher Brough, to handle your charges today.
