Domestic Violence Lawyer In Myrtle Beach, SC

The State of South Carolina takes domestic violence charges exceptionally seriously, and they come in four separate levels. You don’t have to physically harm the other person for the charge to apply, but they must experience credible fear that you might. Domestic violence charges are legally challenging and having the skilled legal guidance of an experienced Myrtle Beach domestic violence lawyer in your corner is always to your advantage.

The Law

The crux of domestic violence laws in South Carolina is that physically harming or credibly threatening to physically harm someone with whom you have a close relationship is against the law. There are two primary elements to every South Carolina domestic violence (DV) case, including:

• There is a required relationship, which includes the parties being married, living together, having lived together previously, or sharing a child.
• The accused must have injured the other person or seriously threatened to do so.

Regardless of the level of charge, both elements must be present.

Domestic Violence of a High and Aggravated Nature

Domestic violence of a high and aggravated nature (DVHAN) is the most serious form of domestic violence, and it’s a separate charge. If an extreme indifference to the value of human life either causes great bodily harm or causes the other person to fear great bodily harm or there is a protection order in place and one of the following applies, it can lead to DVHAN charges:

• A deadly weapon, which is anything that can kill another person, was used.
• The other person died or nearly died.
• A minor was present and either heard or saw the event.
• The other person was permanently disfigured.
• The accused forced their own entry into the other person’s home, vehicle, or office.
• The accused knew the other person was pregnant.
• The accused tried to choke or otherwise suffocate the other person.
• The accused prevented the other person from getting to a phone.

DVHAN is a felony offense and comes with a prison sentence of up to 20 years.

Domestic Violence First Degree

The defining term of DV first degree includes any one of the following:

• The accused used a gun.
• The other person had a restraining or protective order, and an aggravating circumstance applies
• The accused has at least 2 DV convictions within the past 10 years.
• The other person suffered great bodily injury or could have.
• Two aggravating factors apply.

Aggravating factors include:

• A minor saw or heard the event.
• The offense involved a robbery, burglary, kidnapping, or theft.
• The accused knew the other person was pregnant.
• The accused attempted to choke or otherwise suffocate the other person.
• The accused stopped the other person from getting to a phone.

DV first degree is a felony that carries a sentence of up to 10 years in prison.

DV second degree requires moderate bodily injury – or the threat of moderate bodily injury – and it’s charged as a misdemeanor. DV third degree requires the primary elements of domestic violence and is charged as a misdemeanor.  A DV conviction substantially affects your civil rights, including the right to own or possess a firearm.

An Experienced Myrtle Beach Domestic Violence Lawyer Can Help

The formidable Myrtle Beach domestic violence lawyers at the Law Office of Brad C. Richardson recognize the severity of the DV charge you face and have the experience and legal savvy to fiercely advocate for your legal rights in pursuit of your case’s best possible resolution. Learn more by contacting us online or calling us at 843-488-4321 today.