Dropping a Criminal Domestic Violence Charge in South Carolina

Unlike other crimes, domestic violence charges are typically based on strained relationships between family or household members. With emotions running high, a family member may feel like they made a rash decision in getting the State involved. In defusing a situation that has clearly gotten out of hand, the ordeal may end with the offender being placed in handcuffs and escorted to the police station.

When facing domestic violence charges, you may hope that the alleged victim will decide to have the charges against you dropped. While this would certainly make your life easier, under South Carolina’s “no drop” policy, the prosecutor cannot drop charges simply based on the victim having a change of heart. In this blog, our Conway domestic violence attorney discusses the state’s “no drop” policy and the importance of having an experienced criminal defense lawyer.

Alleged Victims of Domestic Violence

Domestic violence is any pattern of abusive behavior to establish control over another person. It may involve physical harm, threatening to physically harm someone, or attempting to physically harm someone. It can range from a minor cut to serious bodily injury. Domestic violence can scar spouses and children, leading to psychological, emotional, and financial distress.

The State can file domestic violence charges on behalf of a household member, which is defined as the following under South Carolina law:

• A spouse
• A former spouse
• People who have a child together
• People who live together
• People who used to live together

Conway Domestic Violence Penalties

South Carolina implements harsh penalties surrounding domestic violence charges. Aggravating factors, such as committing violence in the course of another crime, injuring a pregnant person, or violating a restraining order, will result in an increased sentence. If the offense causes great bodily injury, coupled with behavior that displays an “extreme indifference to the value of human life,” you will be charged with domestic violence of a high and aggravated nature (DVHAN). This is a felony offense punishable by up to twenty years in prison, without parole, and a potential $5,000 fine.

South Carolina “No Drop” Policy

South Carolina implements a “no drop” policy, prohibiting domestic violence victims from withdrawing a complaint once the prosecution has filed formal charges. The State believes that the criminal justice system is designed to uphold justice. The government believes that if the victim feels pressured by their abuser to have the charges withdrawn, the accused will be free to harm other individuals. Given the safety concern for society and the victims themselves, the prosecution will not allow charges to be dropped once a case has been initiated with the court.

Placing Reasonable Doubt in the Jurors’ Minds

While it may feel discouraging that you have to defend your rights (especially if the charges are groundless), the prosecution still needs to meet their burden of proof to convict you. In criminal cases, the government must prove your guilt beyond a reasonable doubt. Beyond a reasonable doubt is the highest level of burden in the justice system, reserved for criminal cases.

This requires the prosecution to prove that a crime was committed and that you are the perpetrator of the said crime. This must be proven to such a degree that there would be no reasonable doubt in the mind of a rational person.

As it sounds, this is a high standard to meet, and an experienced domestic violence lawyer will seek to create doubt by pointing out any incongruities in evidence. This may involve examining the police reports, witness statements, or physical evidence and questioning any conflicting information. In questioning the facts, an effective defense attorney can place uncertainty in the jurors’ minds, getting them to render a “not guilty” verdict.

Reach Out to a Conway Domestic Violence Lawyer Today

If you have been accused of criminal domestic violence, you understandably may feel terrified of what the future holds. Even though many domestic violence charges are based on little or no solid evidence, the government still investigates each allegation thoroughly. Given that the victim has the prosecution on their side, you need someone who will work tirelessly to fight for you.

At The Law Offices of Brad L. Richardson, LLC, we believe that a compelling defense strategy entails weakening the government’s version of events. As a former prosecutor, our Conway domestic violence attorney knows exactly what tactics the prosecution will try. His experience on both sides of the courtroom allows him to effectively advocate for his clients. If you are interested in learning more about our services, contact us online or by phone at (843) 488-4321 to arrange your free consultation.