Charleston Domestic Violence Lawyer
Last updated on April 19, 2024
Facing criminal charges for domestic violence in Charleston, SC is serious. A conviction for a domestic abuse crime can have lasting consequences. Our founding partners at Young & Young, Attorneys at Law, began their legal careers in the Charleston Solicitor’s Office, prosecuting domestic violence cases. Our attorneys understand how the state handles these cases and can successfully defend you against domestic abuse charges.
Domestic Violence Laws In South Carolina
Domestic violence crimes (commonly referred to as DV and formerly known as Criminal Domestic Violence, or CDV) include any acts that cause harm, or threaten to cause harm to a member of the defendant’s household. There are differing degrees of criminal domestic violence charges, that range in severity from first, second and third-degree charges. These crimes can include:
- Child abuse or endangerment
- Harassment
- Stalking
- Spousal abuse
Our co-founding attorney Adam Young began his legal career exclusively prosecuting domestic violence cases. As prosecutors in the 9th Circuit Solicitor’s Office in Charleston, both of our attorneys have handled hundreds of DV cases. They know and understand these charges from the state’s perspective and use that experience to successfully negotiate and litigate as criminal defense attorneys on behalf of their clients.
Penalties for Domestic Violence in South Carolina
| 3rd Degreee |
2nd Degreee |
1st Degreee |
High & Aggravated |
| 0-90 days imprisonment and/or $1000-$2500 in fines |
0-3 years imprisonment and/or $2500-$5000 in fines |
0-10 years imprisonment |
0-20 years imprisonment |
| Misdemeanor |
Misdemeanor |
Felony |
Felony |
Why Hire Young & Young
With their unique insight into South Carolina’s prosecution of domestic violence crimes, our lawyers have the experience and ability to investigate and thoroughly assess the merits of the state’s case against you. They will investigate every aspect of your case and analyze the evidence to determine if the accusations and allegations of domestic violence against you are false. Our attorneys will be able to explain all of your options, including any possible diversionary programs that may be available to you. They will thoroughly discuss your case and help determine if it is in your best interests to negotiate or proceed to trial.
What Is 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.
Do I Need A Domestic Violence Attorney?
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.
Domestic Violence FAQs
Accusations Of Charleston Domestic Violence Crimes: FAQs Regarding DV Charges
At Young & Young, Attorneys at Law, our criminal defense attorneys were former prosecutors in Charleston. They know that if you are facing criminal domestic violence DV charges (formerly CDV charges) you probably have a lot of questions. Do you have a question for a Charleston domestic violence lawyer? Here, our family violence defense attorneys 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.
What Does Domestic Or Family Violence Mean?
In the state of South Carolina, domestic violence occurs when a person causes or attempts to cause harm or injury to another member of the person’s household.
Who Are Household Members In A Domestic Violence Case?
In the state of South Carolina, household members include current or former spouses, parents who have a child together or romantic partners who are living together or who have previously lived together.
Is My Police Report Or Domestic Violence Charge 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.
Schedule A Free Consultation With A Charleston Domestic Violence Lawyer
Our criminal defense attorneys offer a free, initial consultation appointment to answer any questions you might have about your specific case. To schedule your free appointment, call our office at
843-619-7755 or send us an email using our
online form
Contact Our Office To Get Started
Our attorneys offer free consultations for prospective clients. If you are facing criminal charges for domestic violence, contact us to learn more about how we can help you with your case. To schedule your free appointment and discuss your case, call us at 843-619-7755. You may also contact us through our website using our online form.
