
How Do I Beat a Criminal Domestic Violence Charge in South Carolina?
If you want to know how to beat a criminal domestic violence (CDV) charge in South Carolina, you may desire absolute exoneration. However, a spectrum of legal outcomes exists between dismissal and a guilty verdict. These outcomes include plea agreements, pretrial intervention programs, and alternative opportunities for penalty mitigation.
Christopher L. Jones is a seasoned lawyer who could advise you on your options regarding a CDV charge. With experience as a prosecutor and municipal judge, he is a versatile, accessible attorney who knows South Carolina law from the inside out.
South Carolina’s Degrees of Criminal Domestic Violence and Penalties
CDV is generally defined in S.C. Code Ann. § 16-25-20. Two types of conduct qualify: when an individual causes physical harm or injury to a household member, and when a person suggests or attempts to cause physical harm to a household member and creates immediate fear.
After a prosecutor finds this violation, they decide which of the four statutorily available degrees of CDV to charge.
Third and Second Degree
Both third and second-degree CDV are considered misdemeanors. Under § 16-25-20(D), third degree is simply a violation of § 16-25-20(A), punishable by a $1,000 to $2,000 fine and a maximum of 90 days in jail. Section 16-25-20(C) assigns a second degree to offenders whose conduct was likely to result in moderate bodily injury and to certain offenders with a history of CDV. If third degree is proven in addition to enumerated aggravating facts, such as a minor witness, a person is guilty of second degree, with penalties of a $2,500 to $5,000 fine or up to three years of prison.
First Degree
First-degree CDV is a felony encompassing acts found in § 16-25-20(B), such as those involving significant bodily injury, firearms, or the presence of other specified facts exhibiting increased severity. First-degree offenders are punished by imprisonment not exceeding ten years.
Felony CDV
Section 16-25-65 defines felony CDV of a high and aggravated nature. Among other elements, acts manifesting extreme indifference to the value of human life demarcate this offense. Conviction carries imprisonment of up to 20 years.
Spectrum of Outcomes for CDV Charges
You can request a preliminary hearing under Rule 2(a) of the state’s criminal court rules, in which a magistrate will discern whether sufficient evidence exists to warrant a person’s detention and trial for a CDV charge. The magistrate will discharge a person, per Rule 2(c), if they find probable cause lacking for the charge. However, the state may institute another prosecution against a person for the same offense if adequate probable cause is later discovered.
With the assistance of skilled counsel, you may also be found not guilty at trial due to the State’s failure to prove you committed the underlying offense set out in § 16-25-20(A). In a trial where you are accused of second-degree CDV or higher, an attorney could argue you are guilty of a lesser CDV offense in South Carolina, but this will not forgive you.
Avoiding Trial
Trial may be avoided by reaching a plea agreement. However, there are other ways to reduce the penalties you may face for a CDV charge where the facts are stacked against you. For instance, § 17-22-150 requires a lawyer to issue a noncriminal disposition of your charge(s) when you are permitted to undertake a batterer’s treatment program § 17-22-150. Once you have completed the program, you can seek an order from the court to destroy all official records about your CDV charge.
Moreover, some counties offer a range of diversion and restorative justice programs that can ease your CDV charge by expunging your record or circumscribing potential penalties.
Good Legal Counsel Follows Your Lead in Resolving a CDV Charge in South Carolina
Christopher L. Jones will not force you to manage your CDV charge in any particular way. If you aim to beat the charge, Christopher L. Jones will fight for those outcomes.
South Carolina and its counties give you ways to limit the chance of a harsh judgment. Christopher L. Jones could guide you on those possibilities or work with you and the prosecutor to arrange a satisfactory plea agreement. Contact the firm today for help.