Columbia Domestic Violence Lawyer

South Carolina state law classifies domestic violence as a unique criminal offense that is distinct from standard assault and battery.  Due to this, effectively understanding and contesting domestic violence charges generally requires assistance from a legal professional with experience handling this type of case in the past.

If you are currently facing domestic violence allegations, contacting a Columbia domestic violence lawyer should be the highest priority on your list.  Once retained, a qualified defense attorney could go over the exact nature of your charges with you, determine what defense strategy would be best for your circumstances, and work tenaciously to possibly secure a favorable outcome for you in court.

Defining Domestic Abuse as a Criminal Offense

Anyone who causes or acts with the intent to cause physical injury to a household member in Columbia may face criminal charges for domestic violence.  According to South Carolina Code §16-25-10(3), a household member in this context can be a current or former spouse, a current or former cohabitant in the same residence, or a co-parent of a child regardless of past or current marital status.

Furthermore, S.C. Code §16-25-20 establishes three degrees of domestic violence that may result in different penalties upon conviction, all of which a Columbia attorney could help build a defense against.  Third-degree domestic violence is the most basic and least severe variant and involves someone causing physical harm to a household member or putting a household member in fear of imminent harm.

If an act of domestic violence causes a household member to suffer—or puts them in reasonable danger of suffering— moderate bodily injury, the accused could face charges of second-degree domestic violence.  Additionally, if a person already has one domestic violence conviction, and within the prior ten years breaks into a household member’s residence, they may also face charges for second-degree domestic violence.

Finally, first-degree domestic violence involves someone causing serious bodily injury to a household member, brandishing a firearm while breaking into a household member’s home, or breaking into a household member’s home after having been convicted of domestic violence two or more times in the previous ten years.

Potential Consequences of a Household Violence Conviction

A person convicted of misdemeanor third-degree domestic violence may face maximum penalties of $1,000 to $2,500 in fines and a 90-day sentence in jail.  Conversely, first-degree domestic violence are felony offenses, for which a conviction could result in respective maximum sanctions of up to ten years in prison and $5,000 in fines.

Additionally, as a seasoned lawyer in the area could explain in more detail, anyone who commits domestic violence under any of these aggravating conditions will automatically have the severity of their offense increased by one level:

• The offense constituted a violation of a protective order.
• The perpetrator knew or should have known the targeted party was pregnant.
• The offense occurred during a robbery, burglary, theft, or kidnapping.
• A minor observed or was present for the violent act.
• The perpetrator impeded the targeted party’s ability to breathe at any point.
• Through physical force or threats, the perpetrator prevented the targeted party from contacting law enforcement or summoning emergency medical personnel.

Any instance of first-degree domestic violence accompanied by one of these conditions automatically becomes domestic violence of a high and aggravated nature, which, as per S.C. Code §16-25-65, could result in a maximum prison sentence of 20 years.

Get in Touch with a Columbia Domestic Violence Attorney

Any act of violence you allegedly commit against someone considered a household member of yours under state law could lead to serious criminal consequences.  Law enforcement authorities and Prosecutors often take domestic violence offenses extremely seriously, and if you try to fight back against such charges without seasoned legal representation by your side, your odds of a favorable outcome are very slim.

Give yourself the best chance possible of preserving your future by retaining a qualified Columbia domestic violence lawyer. Call today to set up a consultation.