Have you been charged with domestic violence in South Carolina? This blog looks at the elements of domestic violence in South Carolina and what the state needs to prove to get a conviction.
Domestic violence 3rd Degree
(A) It is unlawful to:
(1) cause physical harm or injury to a person’s own household member; or
(2) offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
Household member: A household member is a former or current spouse, a male and female who are currently living together or have lived together, or a male and female who have a child in common.
So what this means is that you do not have to actually physically touch someone to be charged and convicted of domestic violence, you can be arrested for threatening someone and having the ability to carry out that threat.
Domestic violence 2nd Degree
If the person violates subsection (A) (cause physical harm or attempt to cause physical harm) and:
(1) moderate bodily injury to the person’s own household member results or the act is accomplished by means likely to result in moderate bodily injury to the person’s own household member;
(2) the person violates a protection order and in the process of violating the order commits domestic violence in the third degree;
(3) the person has one prior conviction for domestic violence in the past ten years from the current offense; or
(4) in the process of committing domestic violence in the third degree one of the following also results:
(a) the offense is committed in the presence of, or while being perceived by, a minor;
(b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant;
(c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft;
(d) the offense is committed by impeding the victim’s breathing or air flow; or
(e) the offense is committed using physical force or the threatened use of force against another to block that person’s access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:
(i) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
(ii) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.
Domestic violence 1st Degree
If the person violates the provisions of subsection (A) and:
(1) great bodily injury to the person’s own household member results or the act is accomplished by means likely to result in great bodily injury to the person’s own household member;
(2) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree;
(3) has two or more prior convictions of domestic violence within ten years of the current offense;
(4) the person uses a firearm in any manner while violating the provisions of subsection (A); or
(5) in the process of committing domestic violence in the second degree one of the following also results:
(a) the offense is committed in the presence of, or while being perceived by a minor;
(b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant;
(c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft;
(d) the offense is committed by impeding the victim’s breathing or air flow; or
(e) the offense is committed using physical force or the threatened use of force against another to block that person’s access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:
(i) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
(ii) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.
Domestic Violence of a High & Aggravated Nature
The person:
(1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results;
(2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or
(3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree.
Domestic violence penalties
| 1st Degree | 2nd Degree | 3rd Degree | High & Aggravated |
| Penalty: 0-10 yrs. | Penalty: 0-3 yrs. and/or $2,500 – $5,000 fine. | Penalty: 0-90 days, and/or $1,000 – $2,500 fine. | Penalty: 0-20 yrs. |
| Felony | Misdemeanor | Misdemeanor | Felony |
Charleston Domestic Violence Lawyer
If you have been arrested for domestic violence in South Carolina call an experienced and trusted Charleston domestic violence attorney at the Dale Savage Law Firm today for a free case consultation (843) 530-7813.