Domestic Violence issues are complex and are often highly emotional for the parties involved. The Law Office of Brian P. Johnson, LLC is here to help you understand your rights and to guide you through the legal process. During this difficult time you need an attorney who you can trust to handle your case with the utmost compassion, skill, and professionalism.
Each case is unique, and it is important that you have an experienced attorney working on your behalf. However, it can be helpful to have a basic understanding of domestic violence as defined by the law.
Definition of Criminal Domestic Violence – Before June 4, 2015
Domestic Violence is formally defined in Title 16, Chapter 25 of the South Carolina Code of Laws. In general, domestic violence is causing bodily harm or injury to any member of your household. Moreover, threatening or attempting to cause bodily harm can also be considered domestic violence. However, in these cases there must be the ability to follow through with the threat, and the victim must be afraid for his or her safety.
Penalties – Before June 4, 2015
The penalties for domestic violence vary widely depending on the individual’s record. The first offense is a misdemeanor and is tried in a magistrate court. The potential fine is $1000-$2500, and the maximum potential jail time is thirty days. However, penalties may be suspended to a Treatment Course, which is a 26 week outpatient program.
For a second domestic violence offense a person is again guilty of a misdemeanor. This offense is tried in a General Sessions court, and the potential fine is $2500-$5000. The minimum required jail time is thirty days, and the maximum jail time is one year. Subsequently, a third offense is a felony charge and carries a minimum of one year of jail time (five year maximum).
Certain domestic violence charges are categorized as being High and Aggravated in nature. These offenses are defined as an assault or battery involving a deadly weapon, or which results in bodily injury. Furthermore, an assault, with or without battery, which would reasonably cause a person to fear imminent bodily harm is considered high and aggravated in nature. These offenses carry a minimum jail sentence of one year (maximum of five years).
Definition – On or After June 4, 2015
On June 4, 2015, Governor Nikki Haley signed the Domestic Violence Reform Act. Under the Domestic Violence Reform Act, it is unlawful to cause physical harm or injury to a person’s own household member; or offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
Penalties – On or After June 4, 2015
The Domestic Violence Reform Act also created new penalties. A person is guilty of Third Degree Domestic Violence, if they commit an act as listed above. The potential fine is $1000-$2000, and the maximum potential jail time is ninety (90) days. These charges are handled in magistrate court.
A person is guilty of Second Degree Domestic Violence, if they commit an act as listed above and one of the following circumstances also exist: moderate bodily injury, a protection order is violated and an the act qualifies as a Third Degree Domestic Violence, one prior conviction for domestic violence in the past ten years, a Third Degree act was committed and a child is present, or the victim is pregnant. The potential fine is $2500-$5000, and the maximum potential jail time is three (3) years.
A person is guilty of First Degree Domestic Violence if they commit an act as listed above and one of the following circumstances also exist: great bodily injury, a protection order is violated when committing a Second Degree offense, a firearm is used, or if a child is present while committing a Second Degree offense. The charge is a felony and the maximum potential jail time is ten (10) years.
Why You Need an Attorney
Dismissal of criminal domestic violence charges is challenging because many Solicitor’s offices have a “No Drop” policy. This policy essentially prevents a victim from simply dropping the charges should he or she not want to pursue the case. This policy does not mean that it’s impossible to get these charges dismissed, but it makes it significantly more complex to do so. Therefore, it is imperative that you have an experienced attorney helping you navigate your case.
Time to Act
Now is the time to hire an experienced attorney who can help you navigate your case successfully. The Law Office of Brian P. Johnson has extensive experience handling domestic violence cases, and we work aggressively to achieve positive outcomes for our clients. Please remember that each case is unique, and we urge you to call us with any questions that you may have.
In order to be flexible and convenient, we have open office hours, easy appointment scheduling, and payment plans available. Call today and schedule your free confidential consultation. Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.