South Carolina has relatively thorough domestic violence statutes. There are three different degrees of traditional domestic violence charges. Anyone accused of assaulting, threatening or causing bodily injury to a household member could be at risk of a domestic violence charge.
Occasionally, there appear to be aggravating factors that justify a more serious criminal charge. The state can accuse a defendant of domestic violence of a high and aggressive nature (DVHAN) if the situation meets certain specific criteria.
What circumstances may lead to DVHAN charges?
Many scenarios can justify more serious charges
In some cases, when there has been a history of domestic violence or interpersonal threats, one party may seek a protection order from the courts. If the defendant allegedly violated a protection order and then committed an act of first-degree domestic violence, they could face DVHAN charges.
The state defines first-degree domestic violence as an incident that causes great bodily harm or is likely to result in serious injury. A crime also becomes a first-degree domestic violence offense if the defendant has two or more previous convictions from within the last decade. If the situation involves a firearm, that can also warrant first-degree domestic violence charges.
The state can also pursue DVHAN charges when the defendant either caused great bodily injury to the other person or put them in fear of sustaining great bodily injury or dying. The final circumstance that might lead to DVHAN charges involves the defendant displaying an extreme indifference to the life of the other person involved or others in general.
Deadly weapons and strangulation can meet that threshold. Strangulation incidents are often a red flag for progressive domestic violence that could lead to permanent injuries or death. So can incidents of domestic violence involving a victim who the defendant knows is currently pregnant.
Additionally, acts of domestic violence committed during major crimes, including theft, robbery, burglary or kidnapping, can lead to DVHAN charges. If there is proof that the defendant physically prevented the victim from seeking medical attention or contacting authorities to file a report, that can also establish an extreme indifference to human life. Finally, acts of domestic violence committed in front of minor children can establish the indifference necessary for DVHAN charges.
The penalties for DVHAN charges are substantially higher than the penalties for other domestic violence charges. The charge is also a felony offense that can limit an individual’s future opportunities.
Those facing accusations of domestic violence may need help developing a defense strategy, and that’s okay. Responding assertively can make a major difference to those accused of becoming violent toward family or household members.