Charleston Domestic Violence Lawyers: Former Prosecutors Advocating For Your Rights
Being charged with domestic violence (DV, formerly known as Criminal Domestic Violence, or CDV) is a serious charge. Our founding partners at Young & Young, Attorneys at Law, began their legal careers in the Charleston Solicitor’s Office, prosecuting domestic violence cases. Our criminal defense attorneys understand how the state handles these cases and can successfully defend against domestic violence charges.
Criminal Law Experience That Is On Your Side
As prosecutors in the 9th Circuit Solicitor’s Office in Charleston, our founding attorneys exclusively prosecuted domestic violence cases. Having handled hundreds of these cases, we understand these charges from the state’s perspective as well as from the criminal defense side. With this unique insight into South Carolina’s criminal domestic violence case preparation, we have the experience and ability to investigate and thoroughly assess the merits of the state’s case against you. We will be able to explain to you all of your options and discuss whether to negotiate or go to trial.
Cases Of Victimless Prosecution
Do not assume that if the alleged victims decide they do not want to press charges, that the case will be dropped. Prosecutors can still pursue a domestic violence case without the victim’s cooperation. This is known as victimless prosecution and can be very serious. If you are navigating a case that involves victimless prosecution, an experienced domestic violence lawyer can help.
Frequently Asked Questions Regarding DV Charges
Our attorneys know that if you are facing criminal DV (formerly CDV) charges you probably have a lot of questions. Here, they answer some of the more commonly asked questions. If you still have specific questions about your case, our firm offers a free, initial consultation for you to ask any questions you may have.
Is my police report or domestic violence charges part of the public record?
In South Carolina, any police officer responding to a call for domestic violence will file a police report, even if there wasn’t an arrest. Police reports are part of the public record and anyone who knows about the call to the police can obtain a copy. If you are arrested, taken to jail, and booked for a crime, your booking information, including your alleged crime, will be submitted to the South Carolina Law Enforcement Division (SLED) and appear on your Record of Arrests and Prosecutions (RAP sheet). These reports are available for purchase by anyone who wants to conduct a background check.
Can domestic violence charges be dropped?
While an alleged victim can ask for domestic violence charges to be dropped, ultimately, it is not up to the victim. Charges for crimes, including accusations of domestic violence, are brought and filed by prosecuting attorneys. They are the only ones who can decide to drop the charges.
What do I do if the allegations against me are false?
Unfortunately, allegations of domestic violence that are false or untrue are not uncommon. At Young & Young we have the knowledge and resources to fully investigate and thoroughly analyze your case. If the allegations against you are false, we can help you defend your rights.
If I am convicted of a DV charge, what are the penalties and how much is the fine in South Carolina?
There are different degrees of criminal charges for alleged domestic violence crimes. Your penalties, which can include both a fine and jail time, will depend on the charges filed and the facts of your case. Maximum jail time can range from 90 days to ten years in prison.
Ultimately, a judge will decide how much jail time you have to serve and how much of a fine you will have to pay. The judge will consider the seriousness of the charges and if you have any prior criminal convictions.
If I am convicted of a domestic violence crime, how long does a DV conviction stay on my record in South Carolina?
A conviction for domestic violence, even if it was just a misdemeanor, will stay on your criminal record for the rest of your life. However, for certain DV convictions, you may be able to go through the expungement process to get a conviction removed from your record after five years, if you have not had any other convictions for any other crimes.
A DV Conviction Will Change Your Life
Being convicted of domestic violence may include penalties such as jail time and fines. If you are convicted, you will also not be allowed to own firearms of any kind. In addition, a civil order of protection may prevent you from seeing your children and staying in your home. Many aspects of your life could be negatively affected, it is best to take any criminal charges seriously and retain an experienced criminal defense attorney who can fight for your rights.
Schedule A Free Consultation With A Domestic Violence Attorney Today
If you are facing criminal charges for domestic violence, we offer free consultations. To schedule an initial consultation to discuss your case, please call us at 843-619-7755. You may also contact us through our website using our online form.