Spartanburg Domestic Violence Lawyer

Domestic violence charges are aggressively pursued by state prosecutors. When you face these allegations it is essential that you are represented by legal counsel who can build a defense to protect your constitutional rights. These charges can quickly escalate into serious penalties and may leave a lasting impact on your permanent record. They may also strip you of your ability to own a firearm.

Considering the severity of the potential penalties, the help of an experienced Spartanburg domestic violence lawyer is an important part of keeping your rights safe.

Defining Domestic Violence

Domestic violence, as defined by state law, occurs when intentional injury or harm is perpetrated against a household member. This may include threats and attempts to cause harm or injury against a household or family member. For a threat to be designated as domestic Spartanburg Assault Lawyerviolence, the individual who made the threat must lead the recipient to believe that the threat can be carried out imminently.

An arrest or even a charge for domestic violence does not automatically mean that the defendant is guilty. Many situations get out of hand and prosecutors may be overzealous in their prosecution. A properly prepared defense can shed light on these improper charges.

Defining Household Member

For purposes of the domestic violence law in South Carolina, a household member includes:

  • Married couples
  • Individuals who were formerly married
  • Individuals who live together
  • Those who share a child in common
  • Those who used to live together

When violence or certain threats of violence are used against a household member, a person may face charges of domestic violence. Charges of domestic violence based on incorrect information are not uncommon, and when this is the case, a legal defense can help protect the defendant’s rights.

Penalties for Domestic Violence

If convicted of a domestic violence offense in the state, a defendant can face very high fines, long prison sentences, and loss of constitutional rights if the offense was a felony.

Domestic Violence of a High and Aggravated Nature

When a person is convicted of a charge for domestic violence of a high and aggravated nature, they are guilty of a felony. A conviction for this level of the offense could result in a prison sentence of up to twenty years.

Domestic Violence of the First Degree

If convicted of domestic violence of the first degree, a defendant could face up to ten years in prison. Because it is a felony, the defendant could also lose certain constitutional rights, such as the right to own a firearm, to vote, and the right to serve on a jury.

Domestic Violence of the Second Degree

A domestic violence of the second-degree charge is a misdemeanor. If convicted of this charge, a defendant could face up to three years in prison and be fined between $2,500 and $5,000.

Domestic Violence of the Third Degree

If convicted of a domestic violence of the third-degree charge a defendant could be given up to ninety days in jail and pay a fine of between $1,000 and $2,500.

A Domestic Violence Attorney in Spartanburg Can Defend Your Case

Domestic violence charges are always serious, even when they are misdemeanors. The impact on your reputation, future, and potential loss of freedom are too important to ignore. Contact an experienced Spartanburg domestic violence lawyer today for help with your case.