What Are The Possible Consequences When Charged With Domestic Violence?

On Behalf of The Law Office of Brad C. Richardson, LLC | Aug 01, 2023

Allegations of domestic violence have immensely serious repercussions. At The Law Office of Brad C. Richardson, LLC, our Myrtle Beach criminal defense attorney understands that there are always two sides to every story, and that’s true even in domestic violence cases. We aim to seek the best possible result for your case and protect your legal rights throughout this stressful ordeal.

What You Should Know About Domestic Violence Penalties in South Carolina

Third-Degree Domestic Violence

This domestic violence charge involves actually causing or the attempt to cause injury or physical harm to any household member. It is classified as a misdemeanor and is punishable by a fine of between $1,000 and $5,000 and a maximum jail time of 90 days. Depending on the circumstances, some offenders may be eligible for a pretrial diversion program for anger management and domestic abuse, which will enable them to avoid a conviction.

Take note, though, that if the victim was a pregnant woman or the act was performed in front of a minor, the charge would be automatically raised to a second-degree charge.

Second-Degree Domestic Violence

This offense applies when the offender has a previous domestic violence conviction and assaults a household member, and the act causes moderate injuries. If convicted, the offender may face a maximum of three years in prison and a fine of $2,500 up to $5,000.

First-Degree Domestic Violence

First-degree domestic violence involves all the elements of the lesser domestic violence charges mentioned above, plus the following elements:

The act caused the victim to suffer great bodily injuries
The offender violated a valid restraining order against them
The offender used a firearm when committing the act

This is a felony charge and carries a maximum prison sentence of 10 years.

Domestic Violence of a High and Aggravated Nature

This is the most serious charge for domestic violence and involves extreme disregard or indifference to human life. If convicted, the offender faces up to 20 years in prison, no parole.

What to Know About The Collateral Consequences of a Domestic Violence Conviction

Unfortunately, many people accused of domestic violence plead guilty, not knowing that the collateral consequences of a conviction can significantly impact their life for longer, in some cases, for their entire lives:

Supervised visits with your child or loss of child custody
Having your child placed in foster care
A protection or restraining order against you
A criminal record
Loss of or difficulty getting housing
Loss of or difficulty getting gainful employment
Revocation of your professional license or security clearance
Loss of higher education opportunities
Deportation
Loss of your right to use and own a firearm
Loss of your right to vote
Loss of welfare benefits

Get Legal Guidance From a Seasoned Myrtle Beach Domestic Violence Defense Attorney Now

You can experience the consequences of getting charged with domestic violence in South Carolina almost immediately. That’s why you must act fast to mitigate the potential consequences. Discuss your case in a free consultation with our Myrtle Beach criminal defense attorney by calling The Law Office of Brad C. Richardson, LLC, or contacting us online.