Clemson Domestic Violence Lawyer

Although they may share some elements with other criminal charges like assault, domestic violence allegations are a uniquely complex matter that require a specialized legal approach. State laws defining and criminalizing this offense have changed significantly in recent years, allowing for more harsh punishments upon even a first conviction for certain forms of domestic violence.

As with any other kind of criminal accusation, though, you have a right to seek counsel from a local defense attorney who could work on your behalf to help you fight your case. Assistance from an experienced Clemson domestic violence lawyer could make a world of difference when it comes to establishing your side of the story, preserving your legal rights, and pursuing a beneficial resolution to your case.

How State Courts Prosecute Misdemeanor Domestic Violence

South Carolina Code of Laws §16-25-20 defines domestic violence as someone causing physical harm to or creating a reasonable fear of such harm in a member of their household, a descriptor which may apply to immediate family members, intimate partners, and roommates. This statute also codifies three degrees of domestic violence as a criminal offense, two of which are considered misdemeanor offenses.

According to S.C. Code §16-25-20(D), a person commits domestic violence in the third degree if they meet the most basic criteria of this offense—namely, a realistic threat to cause harm or the actual infliction of injury to a household member. Upon conviction, third-degree domestic violence is punishable by 90 days in jail at most and a fine of $1,000 to $2,500.

S.C. Code §16-25-20(C), on the other hand, classifies any act of domestic violence resulting in moderate bodily harm, likely to result in moderate bodily harm, or committed during an act of breaking or entering by someone with at least one prior conviction for domestic violence within ten years as domestic violence in the second degree. This offense could result in a maximum jail sentence of three years plus a fine of $2,500 to $5,000 upon conviction. An experienced Clemson domestic violence attorney could provide crucial assistance contesting allegations pursued under either of these sections of state law.

When Is Domestic Violence a Felony in Clemson?

Under S.C. Code §16-25-20(B), first-degree domestic violence entails someone inflicting great bodily harm, engaging in actions likely to result in great bodily harm, using a firearm while breaking and entering, or breaking and entering with two or more past convictions for domestic violence within ten years. This variant of this offense is a felony, for which conviction could lead to a maximum prison term of 10 years.

According to S.C. Code §16-25-65, domestic violence of a high and aggravated nature occurs when someone causes great bodily injury or acts in a way likely to cause such injury while displaying “extreme indifference to the value of human life.” This offense is a felony punishable by up to 20 years in state prison.

In addition, the presence of certain aggravating factors automatically elevates the severity of a domestic violence offense by one degree, as a domestic violence lawyer in Clemson could explain in more detail. These factors are as follows:

• The perpetrator knew their target was pregnant
• The perpetrator impeded their victim’s circulation or breathing to a degree that resulted in stupor or loss of consciousness for any length of time
• The act occurred in the presence of a minor
• The act occurred during the commission of an act of theft, burglary, robbery, and/or kidnapping
• The act involved the presence or use of a deadly weapon
• The perpetrator used physical force to prevent their target from summoning emergency personnel or law enforcement via a phone call or other electronic communication

Seek Guidance from a Clemson Domestic Violence Attorney

No matter what specific degree you are accused of committing, a single domestic violence charge could permanently alter the course of your life. The personal and professionals that a mere investigation could lead to are severe enough, to say nothing of how consequential a conviction could be.

If you are dealing with accusations of this nature, retaining a Clemson domestic violence lawyer to help you plan your legal defense should be a top priority. Call today.