A relationship can deteriorate in a way that no one can anticipate. What starts as a minor disagreement can quickly escalate into something serious that catches the legal system’s attention.
South Carolina recognizes that domestic violence (DV) takes on many forms, each with distinct legal implications that affect both the complainant and the accused. This blog will cover these forms and the consequences that come with them.
How South Carolina defines domestic violence
State law defines DV through two specific actions: when a person commits physical harm or injury to a household member or when that person tries to cause harm and shows an obvious ability to follow through in a way that creates a reasonable fear of immediate danger.
The law places strong weight on the relationship between the people involved. It defines household members as spouses, former spouses, people who share a child together or individuals who live or once lived together in a romantic relationship.
During trial, the prosecution must prove this relationship beyond a reasonable doubt, as it serves as a key element that separates DV from other assault charges.
Third-degree DV: The foundational charge
This degree is a misdemeanor charge that applies when the offender causes physical harm to a household member or tries to do so without any aggravating factors.
A conviction can result in fines from $1,000 to $2,500 or jail time of up to 90 days or both. Magistrate or municipal courts usually hear these cases, although some counties choose to prosecute them in the general sessions court. The penalties may seem limited compared to higher degrees, but the consequences often reach far beyond the courtroom.
Some first-time offenders may qualify for pretrial intervention. This option usually requires DV counseling and conditions, such as community service hours, clean drug screenings and payment of program fees.
When the offender completes the program, the solicitor’s office can dismiss the charge and allow the record to be expunged. Eligibility depends on having no prior DV convictions and meeting the standards set by the solicitor’s office.
Second-degree DV: When circumstances escalate
Second-degree DV involves more serious conduct than third-degree DV. Several factors can escalate the degree, such as:
- The offense happens in front of a child who sees or hears it
- The defendant knows or should know the alleged victim is pregnant
- The defendant violates a protection order while committing third-degree DV
- The defendant has one prior DV conviction within the past ten years
- The defendant blocks the household member from using a phone or electronic device to call for help
In these cases, the type of violence also escalates to moderate bodily injury. The state defines this as injuries causing prolonged loss of consciousness, temporary disfigurement or temporary loss of function of a body part.
A conviction can result in a fine of $2,500 to $5,000, imprisonment up to three years or both. The general sessions court handles these prosecutions, reflecting the increased seriousness.
First-degree DV: Serious felony territory
First-degree marks the most severe level of South Carolina’s DV offenses. This felony applies when the conduct involves the most extreme circumstances, particularly when it results in great bodily injury. Examples include traumatic brain injuries, broken bones that require surgery, severe burns and injuries that leave a permanent mark.
A conviction carries a potential sentence of up to ten years in prison. The offense is classified as a serious offense under South Carolina law, meaning it also counts toward the state’s three-strikes provision. After three convictions for serious or most serious offenses, a defendant may face life imprisonment without parole.
Why legal representation is important
South Carolina’s DV laws involve careful attention to procedures, evidence requirements and possible defenses that might not be obvious at first. Enlisting the help of an attorney familiar with DV cases may make a difference. They can examine the evidence, identify potential defenses and work to protect the accused’s rights throughout the legal process.