The Different Degrees Of Domestic Violence In South Carolina

Last updated on January 7, 2026

If you have been accused of domestic assault or domestic violence crimes in the state of South Carolina, there are different levels and degrees of domestic  violence crimes, depending on the circumstances and severity of the alleged conduct . These include domestic violence in the third degree, second degree, first degree, and domestic violence of a high and aggravated nature (DVHAN).

Our criminal defense attorneys at Young & Young, Attorneys at Law, in Charleston, began their legal careers by prosecuting domestic violence crimes. Now, they use their inside knowledge and experience to defend those accused of domestic abuse crimes.

Domestic violence charges are treated seriously by South Carolina courts because they involve alleged harm between family or household members. Even misdemeanor charges can result in jail time, strict bond conditions, firearm restrictions and long-term consequences that extend well beyond the resolution of a criminal case. Understanding how each degree is defined and how prosecutors decide which charge to pursue is critical when preparing a defense.

Defining Domestic Violence In The State Of South Carolina

In South Carolina, domestic violence involves causing physical harm or injury, or attempting to cause physical harm or injury, to a household member. Domestic violence charges are distinct from general assault and battery charges because they apply only when the alleged victim qualifies as a “household member” under South Carolina law. A household member is defined as a spouse or former spouse, individuals who have a child in common, or individuals who currently live together or formerly lived together. 

To qualify as domestic violence under South Carolina law, two key elements must be present:

• A qualifying household member relationship between the accused and the alleged victim
• Actual injury or attempted or offered to cause physical harm or injury with the apparent present ability to do so

If either element is missing, the charge may not meet the legal definition of domestic violence. These requirements apply to all degrees of domestic violence, including DVHAN.

Defending Third-Degree Domestic Violence

Under South Carolina law, a person may be charged with domestic violence in the third degree if they cause physical harm or injury to a household member, or attempt or offer to cause physical harm or injury with the apparent present ability to do so. The state classifies third-degree domestic violence as a misdemeanor and typically prosecutes these cases in municipal court or magistrate court.

Domestic violence in the third degree is the least serious domestic violence offense, but it remains a criminal charge with potentially lasting consequences. Prosecutors pursue third-degree domestic violence charges when they believe the facts support allegations such as:

• Physical injury occurred, even if minor
• The accused attempted to cause harm
• The alleged victim reasonably feared imminent injury

These cases often arise from heated arguments, misunderstandings or situations where there are no independent witnesses, making credibility and context central issues in a defense. Statements made during emotional moments frequently play a central role in the prosecution’s case.

Penalties For Third-Degree Domestic Violence

A conviction for third-degree domestic violence may result in:

• Up to 90 days in jail
• Fines of up to $2,500
• Mandatory participation in a domestic violence intervention program
• A permanent criminal record

Even a first-time misdemeanor conviction can impact employment, housing opportunities, firearm ownership and family court matters.

Our co-founding attorney, Kelley Flynn Young, was appointed by the governor of South Carolina and previously served as a magistrate judge for Charleston County. She left her position on the bench to put her experience as a former prosecutor and magistrate judge to work as a criminal defense attorney.

Defending Second-Degree Domestic Violence

Prosecutors file second degree domestic violence charges when a person’s actions cause, or are likely to cause, moderate injury to an alleged victim, or when certain statutory aggravating factors are present South Carolina  law treats second degree domestic violence as an enhanced offense when aggravating circumstances exist, including allegations that:

• There was a minor child present at the scene of the accused’s  alleged actions
• The alleged victim was pregnant, and the accused knew or should have known about the pregnancy
• The accused  allegedly prevented the victim’s breathing
• The accused  allegedly prevented the victim from calling for emergency services or police assistance
• The accused  violated an existing and active protective order

Second degree domestic violence charges are commonly filed when law enforcement or prosecutors believe the alleged conduct posed a heightened risk of harm. “Moderate injury” does not require permanent damage but may include injuries that require medical treatment or temporarily impair bodily function.

Penalties For Second-Degree Domestic Violence

A conviction for second-degree domestic violence may result in:

• Up to three years in prison
• Fines of up to $5,000
• Probation or a suspended sentence at the court’s discretion
• Court-ordered counseling or intervention programs

Second-degree charges expose defendants to substantially greater risk, including possible incarceration in state prison rather than local jail.

Defending First-Degree Domestic Violence Crimes

A prosecutor can file charges for first-degree domestic violence if the following occur:

• The victim suffers serious or great bodily injury
• The defendant allegedly violated an active protective order in addition to another second degree aggravating factor
• The defendant used a firearm
• If the defendant committed a second degree crime of domestic violence and additional aggravating factors existed, like the crime was in the presence of a minor child, the victim was pregnant, the act occurred during a kidnapping, theft, robbery or burglary, or the defendant allegedly prevented the victim from calling for medical help or law enforcement. 

If the defendant committed a second-degree crime of domestic violence and additional aggravating factors existed, like the crime was in the presence of a minor child, the victim was pregnant, the act occurred during a kidnapping, theft, robbery or burglary, or the defendant allegedly prevented the victim from calling for medical help or law enforcement. A conviction for first-degree domestic is a felony, and the defendant can face up to 10 years in prison.

Penalties For First-Degree Domestic Violence

A conviction for first-degree domestic violence may result in:

• Up to 10 years in prison
• A permanent felony record
• Loss of firearm rights under federal law
• Severe collateral consequences affecting employment and housing

First-degree domestic violence is one of the most serious domestic violence charges in South Carolina. As expected, it comes with severe consequences.

Domestic Violence Of A High And Aggravated Nature (DVHAN)

DVHAN is a separate felony offense, not merely a higher degree of domestic violence. 

A DVHAN charge may be filed when the alleged conduct demonstrates extreme indifference to the value of human life. This may include situations where:

• A deadly weapon was allegedly used
• The alleged victim suffered life-threatening injuries
• The accused allegedly violated an active protective order while committing a qualifying first degree domestic violence offense

The presence of even one of these factors can elevate a domestic violence case to a DVHAN charge.

Penalties For Domestic Violence Of A High And Aggravated Nature

DVHAN is a felony offense punishable by:

• Up to 20 years in prison
• Mandatory incarceration in many cases
• Classification as a violent offense under South Carolina law

Because DVHAN carries severe penalties and long-term consequences, early involvement of experienced legal counsel is critical.

Do You Need A Domestic Violence Defense Attorney? Call Young & Young, Attorneys at Law, For A Free Consultation.

If you are facing misdemeanor or felony criminal charges for domestic violence, contact our criminal defense attorneys to schedule a free case evaluation and consultation. You can schedule your free appointment by calling us at 843-619-7755 or by sending an email through our online form.