Charleston Domestic Violence Lawyer

Domestic violence is defined as physically harming or credibly threatening to harm someone with whom you have a significant relationship. Domestic violence is a crime that can lead to large fines and lengthy sentences, loss of gun privileges, and serious social consequences.

If you have been charged with domestic violence, it is time to consult with a defense attorney. Dayne Phillips is an experienced Charleston domestic violence lawyer who may spare no effort on your behalf.

What Are the Key Elements of Domestic Violence Charges?

For the charge of domestic violence to apply, two primary elements must be present.

Relationship

The relationship between the accused and the victim must be addressed by the law. The two parties must live together, have lived together in the past, be married, or share a child.

The Act of Violence

The accused must have either injured the victim or credibly threatened to do so.

For any of the four forms of domestic violence to apply, both elements must be established, and a Charleston attorney could help you navigate this.

The Levels of Domestic Violence Charges

There are various forms and levels of domestic violence charges. A domestic violence lawyer in Charleston could help you learn more about these distinctions, which could give you a better understanding of the charge against you.

Domestic Violence of a High and Aggravated Nature

Domestic violence of a high and aggravated nature (DVHAN) is the most serious charge related to domestic violence in the state. Rather than being a degree of domestic violence, it is its own charge, which is a felony offense that carries up to 20 years in prison.

DVHAN applies if the crime involves the accused perpetrating domestic violence when one of the following factors is present: The victim was at risk of dying or has died; the victim suffered permanently disfiguring injuries or serious bodily injury, such that requires emergency treatment or hospitalization; the assault could have caused the victim to suffer serious bodily injury, which means the related risk factor was high.

Domestic Violence First Degree

Domestic violence in the first degree applies when both primary elements are present, along with at least one of the following aggravating factors:

• The accused used a gun in the commission of the crime
• The accused had at least two domestic violence convictions on their record in the 10 years prior to the attack
• The crime caused the victim to suffer or risk suffering great bodily injury
• Two of the aggravating factors for domestic violence in the second degree apply
• The victim had an order of protection against the accused, and one of the aggravating factors for domestic violence in the second degree applies

Domestic violence in the first degree is a felony offense, and a conviction carries up to 10 years in prison.

Domestic Violence Second Degree

Domestic violence in the second degree requires the two primary elements, along with one of the following aggravating factors:

• The accused caused the victim to suffer or risk suffering moderate bodily injury
• The victim had a restraining order against the accused
• The accused had a domestic violence conviction on their record in the 10 years prior to the attack
• The accused knew the victim was pregnant
• A minor witnessed the crime

A conviction for domestic violence in the second degree can carry up to three years in prison and fines of up to $5,000.

Domestic Violence Third Degree

Domestic violence in the third degree requires no aggravating circumstances beyond the established relationship and causing or credibly threatening to cause harm. The crime is a misdemeanor, and a conviction carries up to 90 days in jail and fines of up to $2,500.

Discuss Your Case With an Experienced Charleston Domestic Abuse Attorney Today

Dayne Phillips is an accomplished Charleston domestic violence lawyer who is experienced with the complex legalities of these types of charges and has the legal insight to help you.

A conviction can have serious negative effects on your life. Learn more about how Price Benowitz could help by contacting us online or calling today.