Utilizing Diversionary Programs As A Criminal Defense Strategy For South Carolina Domestic Violence Charges
Last updated on December 12, 2023
Facing accusations of criminal domestic violence or domestic abuse can be overwhelming and threaten to destroy your future. However, Charleston County prosecutors have the discretion to identify defendants who are good candidates for education and rehabilitation and allow them to avoid a criminal record. Our criminal defense attorneys at Young & Young, Attorneys at Law, can protect your future by facilitating acceptance into a diversion program instead of a conviction.
What Is The Pretrial Intervention (PTI) Diversion Program?
The state of South Carolina has established a pretrial intervention (PTI) diversion program for criminal defendants facing accusations of crimes. By design, the PTI criminal diversion program gives those accused of crimes a second chance. If a defendant is eligible, and the defendant completes all of the classes, counseling, community service and education requirements, the original charges will be dropped. A PTI diversion program for domestic violence will include several weeks of domestic abuse counseling. There are also diversion programs for DUI crimes, drug-related crimes and juvenile crimes.
Can Someone Who Is Facing Domestic Violence Charges Be Eligible For A Diversion Program?
Defendants who are accused of domestic violence crimes can still be eligible for a diversion program. In order to be eligible for a PTI diversion program in South Carolina, family violence defendants must be:
However, even if the victim is unwilling to agree to a PTI diversion program, a domestic violence defendant still may be eligible for the Solicitor’s Intervention Program, which includes anger management counseling and family relationship education.
What Are Your Chances Of Being Accepted To A Diversion Program In Charleston?
Both of our criminal defense attorneys at Young & Young, Attorneys at Law, began their legal careers prosecuting domestic violence crimes in the 9th Circuit Solicitor’s Office in Charleston. Co-founding attorney Kelley Flynn Young also served as a magistrate judge for Charleston County, adjudicating a lot of misdemeanor domestic violence cases. As a result, they are familiar with the DV diversionary programs, and how to get prosecutors to agree to them in lieu of a criminal conviction.
Are You Eligible For A Diversion Program? Consult A Domestic Violence Defense Attorney
Our domestic violence defense attorneys offer free initial consultation appointments. To schedule your free consultation, call our office at 843-619-7755 or send us an email using our website form.
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.
