Have you been accused of domestic violence? Or were you arrested for domestic violence after the police were called to your home? If you are facing domestic violence charges, you're going to want to know what exactly you're up against.
In South Carolina, criminal domestic violence is covered under South Carolina Code of Laws Section 16-25-20. Under this Section, it is unlawful to cause physical harm or injury to someone in your own household, or threaten or attempt to cause physical injury upon a household member with the apparent ability to cause such harm.
A first offense of criminal domestic violence is a misdemeanor, punishable by:
- Up to a $2,500 fine
- Up to 30 days in jail
- Court may order a batterers program
A second offense of criminal domestic violence is a misdemeanor, punishable by:
- Up to a $5,000 fine
- Up to one year in jail
- Court may order a batterers program
A third or subsequent offense is a felony, punishable by up to 5 years in prison.
Criminal Domestic Violence of a High & Aggravated Nature
Under Section 16-25-65(A), a person commits criminal domestic violence of a high and aggravate nature when:
- He or she commits an assault and battery that involves the use of a deadly weapon, or that results in serious bodily injury upon the victim; or
- When a person commits an assault, with or without battery, which would reasonably cause someone to fear serious bodily injury or death.
Criminal domestic violence of a high and aggravated nature is a felony offense, punishable by up to 10 years in prison.
Depending on the facts of the case, the court may decide to suspend all or part of the sentence, except for the one year minimum sentence, and place the offender on probation under the condition that he or she completes a batterers program offered through an approved provider.
Note: Section 16-25-30 prohibits those who are convicted of domestic violence from possessing, shipping, or transporting firearms or ammunition.
Facing domestic violence charges in Columbia, SC?
If you are facing domestic violence charges, your future, your family and your civil rights are at stake. Contact Masella Law Firm, P.A. to speak with a Columbia criminal defense attorney regarding your case.
Call (803) 938-4952 to schedule your personal case evaluation!