York Domestic Violence Lawyer
Domestic violence allegations can lead to arrest, restrictions on contact with a household member, and significant criminal penalties. The consequences may become more serious when an accusation involves an alleged injury or a prior domestic violence conviction. A York domestic violence lawyer could examine the circumstances surrounding the allegations and help you understand what to expect as the case proceeds.
If you have been accused of domestic violence, early assistance from a local criminal defense attorney may be important. Price Benowitz could review the evidence supporting the charge, identify weaknesses in the prosecution’s case, and protect your rights during court proceedings.
How the State Defines Domestic Violence
Under South Carolina Code § 16-25-20, domestic violence involves causing physical harm or injury to a household member. The statute also covers offering or attempting to cause such harm when the accused person allegedly has the present ability to do so under circumstances that reasonably create fear of imminent peril.
For purposes of these crimes, a household member can include a spouse or former spouse. The definition also covers people who have a child together. Certain people who live together or previously lived together also fall within the statutory definition.
Whether the alleged conduct satisfies these elements can depend heavily on the available evidence. A York defense attorney examines physical evidence and the events leading to police involvement without assuming that the domestic violence accusation establishes what occurred.
What Are the Degrees and Penalties of Domestic Violence?
The state divides domestic violence charges into several degrees according to the circumstances of the alleged offense. Third-degree domestic violence is a misdemeanor punishable by a fine of $1,000 to $2,500 or up to 90 days of imprisonment, or both. Third-degree charges may also qualify for pretrial intervention.
Second-degree domestic violence can apply when moderate bodily injury allegedly occurs. It may also apply when the accused has a prior domestic violence conviction within the preceding 10 years. A conviction can carry a fine of $2,500 to $5,000 or imprisonment for up to three years, or both.
First-degree domestic violence is a felony punishable by up to 10 years of imprisonment. Factors that can elevate a charge include great bodily injury or the alleged use of a firearm. Domestic violence of a high and aggravated nature is an even more serious felony and carries up to 20 years of imprisonment.
A domestic violence attorney handling a York case can determine which statutory degree applies and whether prosecutors have evidence supporting each required element.
Challenging Domestic Violence Allegations
An arrest does not establish guilt. State law permits officers to make certain warrantless arrests based on probable cause in domestic violence investigations. When officers receive conflicting accusations, they must separately assess the complaints and consider which person was the primary aggressor. The law specifically directs officers to consider whether either person acted in self-defense.
Defense counsel scrutinizes that investigation rather than relying solely on the initial police account. Depending on the facts, a domestic violence attorney in York may challenge whether the prosecution can prove physical harm or an attempt to cause harm. The defense may also address self-defense, conflicting testimony, or evidence showing that the accused person was not the primary aggressor.
State law imposes firearm restrictions after some domestic violence convictions and permits restrictions connected with qualifying protection orders. An attorney could explain how the charge may affect these additional concerns.
Contact a York Defense Attorney About a Domestic Violence Case
Domestic violence charges require careful attention because the degree of the offense and the surrounding circumstances can substantially affect the potential consequences. A York domestic violence lawyer can evaluate the prosecution’s evidence, identify available defenses, and advocate for an outcome that protects your interests.
If you are facing accusations, contact Price Benowitz today. Our legal team is here to discuss your situation and begin developing a defense strategy during a free case evaluation.
