Serving Can You Drop a Criminal Defense Charge in SC?
If you’re facing a criminal domestic violence charge in the State of South Carolina, it’s a serious matter, and it’s generally not a charge that your accuser can simply drop. If you find yourself in this difficult position, you need the trusted legal guidance of an experienced Conway domestic violence defense attorney in your corner.
Criminal Domestic Violence Charges in South Carolina
CDV charges in South Carolina relate to violent acts against household members, which include all the following:
- A spouse or former spouse
- Someone with whom you have a child in common
- A romantic partner whom you currently live with or lived with in the past
The charge itself breaks down into the following categories:
- Domestic violence in the third degree involves inflicting harm or injury or credibly threatening to do so.
- Domestic violence in the second degree involves actions that either cause or are likely to cause moderate bodily injury or that involve an aggravating factor, such as knowing the victim is pregnant.
- Domestic violence in the first degree involves actions that either cause or are likely to cause great bodily injury, but using a firearm or having two prior convictions also carries this charge.
- Domestic violence of a high and aggravated nature (DVHAN) involves actions that demonstrate extreme indifference to human life.
South Carolina’s No Drop Policy
Since 2001, the State of South Carolina has had a general no drop policy in place. This means that the police or prosecutor can’t simply drop a domestic violence charge in response to the plaintiff’s – or victim’s – desire to do so. CDV charges in South Carolina are brought and prosecuted by the state and are not controlled by the victims themselves.
While the decision to proceed with a CDV charge ultimately rests with the prosecution, they will generally discuss the matter with the person who made the original accusation. The idea is to ensure that victims of domestic violence are protected from their abusers – rather than controlled and manipulated into dropping CDV charges by them.
While CDV charges can be dismissed, the matter isn’t taken lightly. Instead, prosecutors consider each case on its own merits, exercise careful legal judgment, and proceed according to their own discretion.
An Experienced Conway Domestic Violence Defense Attorney Can Help
The State of South Carolina recognizes that CDV charges are often the result of disputes in which emotions run high and that proceeding with charges isn’t always appropriate. Nevertheless, once a charge is levied, it’s up to the state – and not to the identified victim – to drop the charge.
If you’re facing a CDV charge, the seasoned domestic violence defense attorneys at The Law Office of Brad C. Richardson – proudly serving Conway, South Carolina – are committed to fiercely advocating for your rights and for your case’s optimal outcome, and we have the experience and keen legal insight to help get the job done. For more information about what we can do for you, please don’t wait to contact us online or call us at 843-488-4321 today.