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At the David W. Martin Law Group, our domestic violence lawyers in Fort Mill, South Carolina understand how even the allegation of family abuse can leave our clients in a very difficult position at work, school, and even in their social circles.
That is why our York County criminal defense lawyers give our clients the opportunity to tell their side of the story, backed by the experience of a law firm that provides customized legal strategies that allow our clients to pursue the best outcome available for their unique charges.
We understand that domestic violence is a deeply personal charge that can change your life. We can help defend your position with facts, evidence, witness statements, and the experience you need to pursue results, so you can move forward with confidence.
How is Domestic Violence Different from Assault Charges in Fort Mill, South Carolina?
Domestic violence and assault and battery are two different charges that can affect the accused’s criminal record in different ways.
Domestic violence must involve an altercation that caused physical harm, attempted to cause physical harm, or caused the fear of imminent danger, with individuals who share children, couples who live together or used to live together, and spouses or ex-spouses.
Assault and battery is physical violence or the threat of physical violence by one person against another, no matter the relationship between the individuals involved.
If you have been charged with domestic violence in Fort Mill, South Carolina — or have been charged or convicted of domestic violence in the past and are facing new charges — it is important to consult with an experienced criminal defense attorney to preserve your rights and learn about the best legal options to produce the best outcome for your case.
What are the Different Types of Domestic Violence Charges in Fort Mill, South Carolina?
Domestic violence in South Carolina can occur in various ways of physical harm including punching, slapping, kicking, shoving, sexual abuse, or other forms of bodily harm.
Depending on the type of physical harm, and the accused’s previous domestic violence convictions, domestic violence in Fort Mill, South Carolina can be charged as first, second, and third-degree crimes, or as Criminal Domestic Violence of a High and Aggravated Nature.
Domestic Violence in the 3rd Degree: Misdemeanor
Penalties: Up to 90 days in jail, fines between $1,000-$2,500, or both
Third-degree domestic violence charges result from an assault that has no aggravating factors.
Domestic Violence in the 2nd Degree: Misdemeanor
Penalties: Prison term of up to three years, fines between $2,500-$5,000, or both.
Second-degree domestic violence charges result from moderate bodily injury, when the alleged abuser has a previous conviction for domestic violence on his or her criminal record, or other enhancing factors exist in the case.
If domestic violence 2nd degree occurs in the presence of a minor, is committed against someone who is pregnant, occurs during a robbery, burglary, kidnapping, or theft, impedes the accuser’s airflow, or prevents the accuser from accessing a telephone or electronic communication to report the incident or call for help, it can be upgraded to a higher charge of Domestic Violence in the 1st degree.
Domestic Violence in the 1st Degree: Felony
Penalties: Up to ten years in prison
First-degree domestic violence charges can result from great bodily injury to the victim, the use of a firearm, violations of an existing protective order while also causing moderate bodily injury, when the accused has two or more prior convictions for domestic violence within ten years, or other factors.
Domestic Violence of a High and Aggravated Nature (DVHAN): Felony
Penalties: Maximum sentence of 20 years in prison
DVHAN charges require that the alleged incident occurred under circumstances manifesting in extreme indifference to the value of human life and resulted in great bodily injury to the victim or would reasonably have caused someone to fear imminent great bodily injury or death.
DVHAN can also be charged when an accuser violated Domestic Violence, 1st Degree while under a protective order.
If you are facing any type of domestic violence charges in Fort Mill, South Carolina, be sure to have a domestic violence defense attorney by your side before you attend your first court appearance, so your rights remain protected throughout the legal process, and you have the best chance of putting these charges behind you using a strategic defense.
First Domestic Violence Offenses Can Lead to Jail Time in Fort Mill, South Carolina
Everyone who is charged with domestic violence in South Carolina must understand that even their first domestic violence offense can lead to a sentence of up to 90 days in jail if convicted.
That is why it is important to partner with a skilled domestic violence lawyer in Fort Mill, so you can pursue the best outcome for your unique case, and start working on getting your life back.
It is Possible to Have a South Carolina Domestic Violence Charge Removed from My Criminal Record?
Only a third-degree domestic violence charges can be expunged in South Carolina, and that is only if you have been convicted of any other crimes since your domestic violence conviction.
Additionally, five years must pass from the date of the domestic violence conviction you are pursuing for expungement.
Have You Been Charged with Domestic Violence in South Carolina? Contact Us Today for Help
At the David W. Martin Law Group, our domestic violence attorneys in Fort Mill, South Carolina believe you deserve the best defense available for you are facing charges that can potentially destroy your personal and professional future if convicted.
If you have been charged with domestic violence in Fort Mill, South Carolina, contact us today by calling (803) 548-2468 to review your case with our experienced lawyers who are here to help you pursue positive results.