Greenville Domestic Violence Defense Lawyers
Domestic violence is a serious matter that can lead to very serious charges and attendant penalties. If you’ve been accused of domestic violence, you’ve got a lot on the line, which makes consulting with an experienced Greenville, South Carolina, domestic violence defense attorney one of the most important first steps you can take.
Domestic Violence Laws in South Carolina
In South Carolina, domestic violence (DV) refers to physically harming someone or credibly threatening to physically harm someone with whom you share a close relationship. Empty threats that go in one ear and out the other don’t rise to the level of domestic violence. Instead, the threat must be realistic and must cause the victim to fear imminent harm. For the charge of domestic violence to stick in South Carolina, there are two elements that must apply.
Your Relationship with the Victim
To begin, your relationship with the victim must include one of the following:
- You currently live together, or you lived together in the past.
- You are married.
- You share a child.
The Act Against the Victim
The second requirement is that you must have either injured the victim or credibly threatened the victim with imminent bodily harm.
Each of these elements must be present for any of the four domestic violence charges in South Carolina to hold.
The Most Serious Domestic Violence Charges in South Carolina
In South Carolina, domestic violence charges break down into four separate categories, and while they’re all serious matters, the two most serious charges include domestic violence of a high and aggravated nature and domestic violence first degree.
Domestic Violence of a High and Aggravated Nature
Domestic violence of a high and aggravated nature (DVHAN) is the most serious of the DV charges in the state, and rather than being a degree of domestic violence, it is its own separate charge. For DVHAN to apply, a serious factor like the following must be involved:
- The victim was disfigured or killed.
- The accused used a deadly weapon.
- The accused committed the act in the presence of a minor.
- The accused knew the victim was pregnant.
- The accused forced entry into the house, vehicle, or business.
- The accused stopped the victim from reaching a phone.
- The accused either attempted to or did choke or suffocate the victim.
Domestic Violence First Degree
For the charge of domestic violence first degree to apply, one of the following factors must be present:
- The accused had a gun or deadly weapon.
- The accused had at least 2 DV convictions in the ten years prior.
- The event caused the victim to suffer great bodily injury or potential great bodily injury.
Make the Call to an Experienced Greenville Domestic Violence Defense Attorney Today
Domestic violence defense attorneys at Ryan Beasley Law in Greenville, South Carolina, will leave no stone unturned in their fierce advocacy for your case’s best possible resolution. To learn more about what we can do to help you, don’t wait to reach out and contact us online or call 864-679-7777 today.
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