Very Experienced Domestic Violence Lawyers in Fort Mill & Greenville, South Carolina
Fort Mill & Greenville domestic violence, or criminal domestic violence, charges in Fort Mill & Greenville, South Carolina are very serious, and may significantly impact your freedom in many ways, beginning with limiting your movements through a restraining order.
Criminal convictions for domestic violence can require more than just jail time, fines, and rehabilitation. It can interfere with the ability to visit with and actively parent your children and impose prohibitions against owning a firearm or ammunition.
At the David W. Martin Law Group, our Fort Mill & Greenville domestic violence attorneys partner with our clients to pursue the best outcome available for their unique domestic violence charges, so they can tell their side of the story while ensuring their rights are protected throughout their case.
What is Domestic Violence in Fort Mill & Greenville, South Carolina?
At the core of any domestic violence, the charge is the requirement that a person:
- Caused physical harm to a household member
- Attempted to do so in a way that would place a reasonable person in fear of imminent harm
The first requirement is that the domestic violence incident occurred between household members, which may include a couple who:
- Married, or previously married
- Live together, or previously lived together
- Have a child together
If the household member requirement is not met, the crime will be charged as assault and battery or another related crime.
What are the Penalties for Domestic Violence Convictions in Fort Mill & Greenville, South Carolina?
Domestic violence charges are classified as first, second, or third-degree, and a greater charge referred to as Criminal Domestic Violence of a High and Aggravated Nature.
The requirements for each degree and their corresponding penalties are as follows.
Domestic Violence: Third Degree
Domestic violence in the third-degree charges serves as a legal catch-all version of the statute where no aggravating factors are associated with the alleged circumstances that may lead to a 2nd or 1st-degree charge.
Conviction penalties for third-degree Domestic Violence in South Carolina may include:
- Fine between $2,500 to $5,000
- Jail time up to 90 days
For a third-degree domestic violence charge in Fort Mill & Greenville, some clients may be eligible to avoid criminal conviction through a pretrial diversionary class for domestic abuse and anger management.
If a third-degree domestic violence charge is committed in front of a child, or against a pregnant woman, it automatically increases in severity to a second-degree domestic violence charge in Fort Mill & Greenville.
Domestic Violence: Second Degree
Domestic violence in the second-degree applies when a person:
- Commits an assault that results in moderate bodily injury
- Has one prior conviction of domestic violence
Conviction penalties for second-degree Domestic Violence in South Carolina may include:
- Fine between $2,500.00 and $5,000.00
- Imprisonment of up to three years
Domestic Violence: First Degree
Domestic violence in the is first-degree involves the core definition of the act when it:
- Violates a protective order already in place
- Occurs in the presence of a minor
- Results in great bodily injury to the victim
- Involves the use of a firearm
Conviction penalties for first-degree Domestic Violence in South Carolina may include:
A conviction of domestic violence in the first degree in South Carolina is a felony, which carries a potential prison term of up to 10 years.
Criminal Domestic Violence of a High and Aggravated Nature in Fort Mill & Greenville, SC
The most serious Fort Mill & Greenville domestic violence charge is domestic violence of a high or aggravated nature, which involves intentional disregard for human life, and carries a maximum sentence of 20 years in prison.
Our Fort Mill & Greenville Criminal Defense Attorneys Fight For Clients Who Have Been Charged With:
- Assault and Battery
- Traffic Violations
- Possession of a Stolen Vehicle
- Drug Crimes
- Gun Crimes
- Sex Crimes
- Criminal Sexual Conduct with a Minor
- Murder or Attempted Murder
Are Domestic Violence Charges in Fort Mill & Greenville, South Carolina a Misdemeanor or Felony?
Domestic violence charges in South Carolina may be filed as a misdemeanor or felony, depending on the degree.
- Domestic Violence of a High and Aggravated Nature: Felony
- Domestic Violence in the 1st Degree: Felony
- Domestic Violence in the 2nd Degree: Misdemeanor
- Domestic Violence in the 3rd Degree: Misdemeanor
Regardless of the exact charge, all domestic violence allegations should be handled with extreme care, and never pursued without an experienced and skilled Fort Mill & Greenville domestic violence attorney by your side.
Will Additional Factors Determine How My Charges Are Weighed by the South Carolina Attorney’s Office?
Many factors can change the trajectory of your domestic violence charges, which is why our criminal defense lawyers in Fort Mill focus on the unique aspects of each case we represent.
One of the most critical components of your case includes the number of domestic violence offenses you have been convicted of, and whether you violated any protection orders in the process.
For instance, the first offense of domestic violence is considered a misdemeanor and may come with a suspended sentence, which is conditional on completing a treatment program for batterers, when they are eligible.
The second offense of domestic violence requires a mandatory minimum sentence of 30 days in jail, which may come with a suspended sentence that is conditional on completing a treatment program for batterers when they are eligible.
Third and subsequent domestic violence offenses in South Carolina are felonies, punishable by one to five years’ imprisonment.
To count as a prior offense, the previous crime must have occurred within the past ten years and must qualify as a domestic violence conviction under South Carolina’s laws.
How Can the David W. Martin Law Group Help Defend My Domestic Violence Case in Fort Mill & Greenville, SC?
At David W. Martin Law Group, our domestic violence lawyers in Fort Mill & Greenville, South Carolina focus on the unique details of each case we represent.
As your domestic violence attorneys in Fort Mill, we will review the:
- Law enforcement’s handling of contact, arrest, and charging requirements, including obtaining a copy of the complete police report and 911 call
- Witness statements and testimonies for accuracy
- Alleged victim’s injuries and medical evaluation
- Inconsistencies in the allegations and any damage at the scene
- Past reported incidents of violence, when applicable
- Whether the solicitor can prove their case beyond he said-she said
Fort Mill & Greenville Domestic violence cases are highly emotional, which may lead to the alleged victim providing exaggerated statements to the responding police officers, or a biased approach leading to an arrest that had very little evidence to support the claim.
Unfortunately, relationships can become so highly charged that false allegations are presented in some cases, which will require a full investigation to prove our client’s innocence.
Partnering with a dedicated domestic violence lawyer in Fort Mill & Greenville may mean the difference between jail time and preserving your reputation. We can help.
Contact Our Fort Mill & Greenville Domestic Violence Law Firm For Free Consultation.
If you have been charged with domestic violence in Fort Mill & Greenville South Carolina contact our criminal defense attorneys in Fort Mill, SC to learn how severe the lawyers’ charges are, and what type of evidence they have to support their case, so we can build a strong defense for your unique circumstances beginning with a free consultation by calling (803) 548-2468 today.
A domestic violence conviction may cause more than legal problems, as the charge follows you around during future background checks that can keep you from obtaining a job or interfere with your ability to share custody of your children. Do not leave your domestic violence charges to chance. Contact our Greenville criminal defense attorneys today.