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Domestic Violence Laws in Charleston, SC

Charleston, SC Criminal Defense Attorney
Dale Savage Law Firm, LLC > Criminal Defense  > Domestic Violence Laws in Charleston, SC

Domestic Violence Laws in Charleston, SC

Domestic Violence Laws in Charleston, SC

As a Charleston criminal domestic violence lawyer, I deal with criminal domestic violence laws in both magistrate and general sessions courts.  Often people are surprised when they are arrested for domestic violence for what they perceive as a minor argument especially when there was no physical contact with the household member.  Make no mistake, domestic violence laws in Charleston, SC, even for magistrate/municipal level offenses are taken seriously by police and prosecutors alike.  That’s why you need to to speak with an attorney that knows domestic violence laws in Charleston, SC.

What is Domestic Violence?

Domestic violence must be committed by a “household member” meaning that the other person is:

  • A spouse;
  • A Former spouse;
  • Someone you have a child with; or
  • Someone you live with or used to live with.

Domestic Violence Potential Jail time

  • DV 3rd Degree – 0 – 90 days jail and/or $1,000 to $2,500 fine
  • DV 2nd Degree – 0 – 3 yrs. jail and/or $2,500 to $5,000 fine
  • DV 1st Degree – 0 – 10 yrs. jail
  • Domestic Violence of a High and Aggravated Nature 0 – 20 yrs.

Domestic Violence 3rd Degree

DV 3rd Degree is the lowest level domestic violence charge. This charge is defined by the casing physical harm or injury to a household member or attempting to cause physical harm or injury to another household member (also need to have the apparent ability to do so).  This charge will be prosecuted in the magistrate or municipal courts.

Domestic Violence 2nd Degree

DV 2nd Degree is a misdemeanor offense however it includes the additional factors of:

  • Moderate bodily injury results. What is moderate bodily injury?  Prolonged loss of consciousness, temporary or permanent disfigurement, temporary loss of a body member or organ that needs medical attention, or a bone fracture or dislocation.
  • Violation of an order for protection.
  • A prior domestic violence conviction within the last 10 yrs.
  • The accused knew or should have known the alleged victim was pregnant.
  • The incident took place in front of a minor or could be seen or by a minor.
  • Blocking the victim’s ability to call 911.

While still a misdemeanor, DV 2nd degree cases are prosecuted in a court of general sessions.

Domestic Violence 1st Degree

DV 1st Degree charges are a felony.  It has the additional factors listed below:

  • Great bodily injury. What is great bodily injury?  An injury that causes substantial risk of death or causes serious permanent disfigurement, or the loss or impairment of a bodily member or organ.
  • The use of a gun.
  • Blocking the victim’s ability to call 911.
  • Choking the victim.

Domestic Violence of a High and Aggravated Nature (DVHAN)

DVHAN is a serious felony that requires one of the following:

  • The offense shows an extreme indifference to the value of human life and gross bodily injury results;
  • The offense shows an extreme indifference to the value of human life and the victim reasonably fears gross bodily injury; or
  • A protective order is violated AND the act meets a DV 1st degree charge.

Charleston Domestic Violence Attorney

Call me today at (843) 530-7813 with any questions or concerns regarding your Charleston domestic violence laws in Charleston, SC.  You will speak directly to an experienced Charleston criminal defense lawyer about your case. The consultation is free and all discussions are confidential.

Dale Savage

dale@dalesavage.com

<p>The Dale Savage Law Firm focusses on Criminal Defense, DUI, and Personal Injury. We are located in historic Charleston, South Carolina. Call (843) 530-7813.</p>

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