Mount Pleasant Domestic Violence Lawyer

Domestic violence is a serious matter and a conviction in Mount Pleasant could have very serious consequences.  Every domestic situation is different and requires individual attention to those specific details and circumstances. An experienced defense attorney could help ensure your case receives the proper treatment by the prosecutor and court. The attorney could demonstrate your innocence or mitigate the consequences of a conviction.

If you find yourself facing any allegations of domestic violence, contact a Mount Pleasant lawyer as early as possible to begin preparing your case.

Third Degree Domestic Violence

The most common domestic violence charge in Mount Pleasant is third-degree domestic violence. The South Carolina Code of Laws §16-25-10 makes it a misdemeanor to cause or threaten to cause physical harm to a household member. For the purposes of Mount Pleasant law, a “household member” includes a:

  • Spouse
  • Former Spouse
  • Person with whom the defendant has a child in common (CIC)
  • Person of the opposite sex with whom the defendant cohabitates, and now same-sex couples who cohabitate.

Third-degree domestic violence is punishable by up to 90 days in jail and a fine of up to $2,500.

Pretrial Intervention Program

It is possible for a person charged with third-degree domestic violence to enter a pretrial intervention program which could suspend a defendant’s sentence. Such a program includes an approved domestic violence intervention course as well as potential alcohol and substance abuse counseling. In deciding whether to allow a defendant to enter a pretrial intervention program, the prosecutor will take into account the best interest and wellbeing of the victim.

Second Degree Domestic Violence

Second degree domestic violence is slightly less common charge and is more serious than a third-degree charge.  A person could be convicted of this crime if they commit third-degree domestic violence and:

  • Cause moderate bodily injury
  • Do so in a way likely to cause moderate bodily injury
  • Do so in violation of a restraining order
  • Do so in the presence of a minor
  • Have been convicted of a domestic violence charge within the past 10 years
  • The victim is pregnant
  • The victim airway is blocked
  • The victim is prevented from accessing a their phone or other communication device

Second-degree domestic violence is a misdemeanor punishable by up to 3 years of incarceration and a fine of up to $5000. There is a mandatory minimum fine of $2,500 following a conviction for this crime.

First Degree Domestic Violence

First-degree domestic violence occurs when a person commits a lesser form of domestic violence and great bodily injury occurs or is likely to occur as a result. A person who is convicted of a domestic violence charge for the third time within a 10 year period will also be charged with first degree domestic violence. This crime is a felony and is punishable by up to 10 years in a state prison.

Domestic Violence of a High and Aggravated Nature

The most serious domestic violence charge in Mount Pleasant is that of a high and aggravated nature. This requires the manifestation of an extreme indifference to the value of human life and a resulting great bodily injury. Conditions which manifest extreme indifference to human life include:

  • Use of a weapon
  • Interfering with the seeking of medical attention
  • Preventing breathing to cause stupor or unconsciousness

A person convicted for high and aggravated domestic violence is subject to a maximum sentence of 20 years in prison.

Consult with a Mount Pleasant Domestic Violence Attorney Today

Depending on the circumstances, a domestic violence allegation could become very serious. It can also, in some cases, be mitigated to a suspended sentence following an intervention program. Emotions run hot when allegations of domestic violence are made. An attorney could be a logical voice in the matter, arguing for a fair and reasonable outcome no matter what the allegations may include.

If you are charged with any form of domestic violence, a Mount Pleasant domestic violence attorney could help. Schedule a consultation to learn more.