Conway Domestic Violence Defense Lawyer
South Carolina defines domestic violence as inflicting physical harm or threatening to harm a household member, causing a fear of imminent danger.
If you are facing domestic violence charges, you may feel that your situation is hopeless. These are serious allegations that can affect your reputation, your living situation and potentially your job. The Law Office of Brad C. Richardson, LLC, represents many clients in domestic violence cases and has a successful track record.
Degrees of Domestic Violence Charges
Domestic violence can be charged in the first degree, second degree, third degree, or domestic violence of a high and aggravated nature. Third-degree domestic violence is the base charge, with any aggravating factors enhancing the charge to domestic violence in the first- or second-degree.
South Carolina Code §16-25-20 lays out the criteria for the different degrees of domestic violence charges, from the least to most severe:
Domestic Violence in the Third Degree
- Causing physical harm or injury to a household member; or
- Threatening or attempting to cause physical harm or injury to a household member
Domestic Violence in the Second Degree
The accused meets the criteria for domestic violence in the third degree, and:
- The act results in moderate bodily injury or was likely to result in moderate bodily injury to a household member;
- The accused has a prior domestic violence conviction in the past ten years;
- The accused violated a protection order;
- The accused committed the act in front of a minor;
- The act was committed against a pregnant woman;
- The act was committed during a robbery, burglary, kidnapping, or theft;
- The accused choked the victim or prevented the victim from calling the police or for emergency medical assistance;
Domestic Violence in the First Degree
The accused meets the criteria for domestic violence in the third degree; and
- The accused causes great bodily injury or is likely to cause great bodily injury to a household member;
- The accused committed second-degree domestic violence while violating a protection order;
- The accused has two or more domestic violence convictions in the past ten years;
- The accused used a gun;
- Second-degree domestic violence is committed in front of a minor;
- Second-degree domestic violence is committed against a pregnant woman;
- Second-degree domestic violence is committed during a robbery, burglary, kidnapping, or theft;
- The accused choked the victim while committing second-degree domestic violence or prevented the victim from calling law enforcement or emergency medical assistance while committing second-degree domestic violence;
Domestic Violence of a High and Aggravated Nature (DVHAN)
A person commits third-degree domestic violence and:
- The accused showed an “extreme indifference to the value of human life” and caused the victim “great bodily injury,”
- The accused showed an “extreme indifference to the value of human life” and caused the victim a genuine fear for their safety or violated a protective order, resulting in domestic violence in the first- degree.
We Can Help to Get Your Charges Dismissed or Reduced
Law enforcement is coming down on criminal offenders, with South Carolina ranking sixth in the nation for domestic violence fatalities.
Attorney Brad C. Richardson has represented clients in high-profile cases, and he does not walk away from a challenge. Again, these are serious charges that can severely restrict your rights, your living situation and your liberty. No matter what domestic violence charge you are up against, our domestic violence lawyer will do what it takes to give you the best possible outcome.
Ready to Schedule Your Consultation with a Conway Domestic Violence Defense Lawyer?
A domestic violence charge can involve any number of acts, and the charges may not even be legitimate. If you are fighting domestic violence charges, do not hesitate to contact us by e-mail or by calling 843-488-4321 to schedule your consultation.