Charleston Domestic Violence Lawyer

If you have been charged with domestic violence in Charleston, contact a domestic violence lawyer immediately to make certain your rights are protected throughout the criminal process. Call Charleston domestic violence lawyer John W. Molony now and schedule a free and confidential consultation to review your case. Mr. Molony will assess the charges against you and discuss potential issues relating to the arrest, Miranda and search and seizure. In South Carolina domestic violence charges vary by degree. Penalties for domestic violence convictions in South Carolina vary widely depending on the degree of domestic violence charged and specific circumstances of the case.

What Are Household Members Under South Carolina Domestic Violence Laws?

Domestic violence charges in South Carolina must be committed against a “household member.” Household member is defined by statute in South Carolina as:

  • A spouse;
  • A former spouse;
  • Someone you have a child with; 
  • Someone you live with or used to live with.

Domestic Violence, 3rd degree

Domestic Violence, 3rd degree is a misdemeanor prosecuted in Magistrate's or Municipal Court in South Carolina. DV, 3rd degree is punishable by a fine of $1,000 to $2,000 and up to 90 days in jail, or both. A person commits domestic violence, 3rd degree by illegally causing physical harm or injury to a household member by offering or attempting to cause physical harm or injury to a household member with apparent present ability to reasonably create imminent fear. 

Domestic Violence, 2nd degree

Domestic violence, 2nd degree is a misdemeanor prosecuted in General Sessions Court in South Carolina. DV, 2nd degree is punishable by a fine of $2,500 to $5,000 and up to 3 years in jail, or both. A person commits domestic violence, 2nd degree by illegally causing physical harm or injury to a household member or by offering or attempting to cause physical harm or injury to a household member with apparent present ability to reasonably create imminent fear, and one of the following factors is present:

  • Moderate bodily injury results or the act was accomplished by means likely to result in moderate bodily injury. “Moderate bodily injury” includes prolonged loss of consciousness, temporary or moderate disfigurement, temporary loss of the function of a bodily member or organ that needs medical attention using regional or general anesthesia, or fracture or dislocation.
  • Violation of a protection order;
  • Prior conviction for domestic violence in the past 10 years;
  • The act is done in the presence of a minor or can be seen or heard by a minor;
  • The offender knew or should have known that the alleged victim is pregnant;
  • Offense is committed during a robbery, burglary, kidnapping, or theft;
  • Alleged victim’s breathing or air flow is affected; or
  • The offender used force to block the alleged victim’s access to a phone or electronic device to stop them from calling the police or medical care.

Domestic Violence, 1st degree

Domestic violence, 1st degree is a felony prosecuted in General Sessions Court in South Carolina. DV, 1st degree is punishable by up to 10 years in jail. A person commits domestic violence, 1st degree by illegally causing physical harm or injury to another household member or by offering or attempting to cause physical harm or injury to a household member with apparent present ability to reasonably create imminent fear and one of the following factors is present:

  • Great bodily injury results or the act was accomplished by means likely to result in great bodily injury. “Great bodily injury” is injury that causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ;
  • Violation of a protection order and any other domestic violence, 2nd degree factor listed above;
  • Two or more convictions of domestic violence in the past 10 years;
  • Use of a firearm in any manner;
  • While committing domestic violence, 2nd Degree, one of the following factors is ALSO present: presence of a minor; alleged victim is pregnant; occurrence during the commission of robbery, burglary, kidnapping, or theft; impeding the alleged victim’s breathing or air flow; or block of access to phone or electronic device to stop the victim from calling the police or medical care.

Domestic Violence of a High and Aggravated Nature

Domestic violence of a high and aggravated nature is a felony in South Carolina and is punishable by between one and ten years in jail. A person commits domestic violence of a high and aggravated nature by illegally causing physical harm or injury to another household member or by offering or attempting to cause physical harm or injury to a household member with apparent present ability to reasonably create imminent fear and one of the following factors is present:

  • The offense is an assault and battery involving the use of a deadly weapon;
  • The offense is an assault and battery that results in serious bodily injury to the victim;
  • An assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.

Call A Charleston Domestic Violence Lawyer

Call Charleston domestic violence lawyer John W. Molony now and request a free consultation to discuss your charges and your legal options. When you retain criminal defense attorney John W. Molony, you can expect to have a lawyer who will fight for you, listen to you, answer your phone calls and devote the time that your case requires. John W. Molony Law Firm, LLC is conveniently located in James Island and defends Charleston clients charged with domestic violence.

843.762.5732

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