What is domestic violence in SC and what are the penalties?
South Carolina domestic violence charges can be first, second, or third degree, or domestic violence of a high and aggravated nature (DVHAN) depending on the severity of the allegations and whether you have prior convictions for domestic violence offenses.
All degrees of domestic violence have these elements:
- You caused physical harm or injury to a household member; or
- You offered or attempted to cause physical harm or injury to a household member, with the present ability to follow through, under circumstances that reasonably created a fear of imminent peril.
Whether the charge is first, second, or third degree, or DVHAN, depends on the facts of each case including the severity of the offense and whether there are prior convictions for domestic violence.
Domestic Violence Third Degree
DV in the third degree carries up to 90 days in jail and requires only that you cause physical harm or offer or attempt to cause physical harm to a household member.
If you are charged with DV third degree and do not have a prior record, you are most likely eligible for PTI (pretrial intervention) – if you enter the program and complete the requirements, your charge will be dismissed and expunged.
Even if you are not eligible for PTI, the court may suspend your sentence (not send you to jail) if you complete a “domestic violence intervention program,” (batterer’s counseling). In this case, the conviction will remain on your record although you do not serve the jail sentence.
A conviction for DV third degree can be expunged after five years if there are no other convictions on your record.
Domestic Violence Second Degree
DV in the second degree carries up to three years in prison. It requires that you cause physical harm or offer or attempt to cause physical harm to a household member, and:
- There is (or could have been) “moderate bodily injury;”
- You were violating a protection order at the time of the incident while committing a DV third degree;
- You have a prior conviction for domestic violence within the past 10 years; or
- While committing a DV third degree:
- The offense was committed in the presence of a minor;
- The alleged victim was pregnant;
- The offense was committed during a robbery, burglary, kidnapping, or theft;
- The alleged victim was choked; or
- You prevented the alleged victim from accessing their cell phone or computer to call for help.
Domestic Violence First Degree
DV in the first degree is a felony punishable by up to ten years in prison. It requires that you cause physical harm or offer or attempt to cause physical harm to a household member, and:
- There is (or could have been) “great bodily injury;”
- You were violating a protection order at the time of the incident while committing a DV second degree;
- You have two or more prior convictions for domestic violence within the past 10 years;
- You used firearm while committing domestic violence; or
- While committing a DV second degree:
- The offense was committed in the presence of a minor;
- The alleged victim was pregnant;
- The offense was committed during a robbery, burglary, kidnapping, or theft;
- The alleged victim was choked; or
- You prevented the alleged victim from accessing their cell phone or computer to call for help.
Domestic Violence of a High and Aggravated Nature (DVHAN)
DVHAN is a felony punishable by up to 20 years in prison. It requires that you cause physical harm or offer or attempt to cause physical harm to a household member, and:
- It happened “under circumstances manifesting extreme indifference to the value of human life” and the alleged victim suffers great bodily injury, or the alleged victim reasonably feared great bodily injury or death; or
- You were violating a protection order at the time of the incident while committing a DV first degree.
“Circumstances manifesting extreme indifference to the value of human life” are defined as:
- Using a deadly weapon;
- Choking the alleged victim and they lose consciousness for any period of time;
- Committing the offense in the presence of a minor;
- The alleged victim was pregnant;
- The offense was committed during a robbery, burglary, kidnapping, or theft; or
- You prevented the alleged victim from accessing their cell phone or computer to call for help.
Will I Lose My Right to Own a Firearm if I’m Convicted of Domestic Violence?
Even if you are convicted of the least serious form of domestic violence, you will be prohibited from owning a gun or getting a concealed weapon permit (CWP) under both South Carolina and federal law.
Even if your charge is re-written to assault and battery in the third degree, you are still prohibited under federal law from owning a firearm or getting a CWP if the alleged victim was a household member.
Although a DV third degree conviction can be expunged after five years, and an assault and battery conviction can be expunged after three years if there are no other convictions, the only way to be sure that your rights to own and carry a firearm are restored is to receive a pardon.
If you have been charged with a domestic violence offense in South Carolina, contact T. Kirk Truslow, P.A. for a vigorous and experienced defense at 843-449-3304.