There are several ways to plea bargain. On way is to plea to a lesser charge or get your charge reduced. A third way to plea bargain is to negotiate a sentence—for example, a plea to probation. South Carolina has been plagued by domestic violence and deaths due to domestic violence.
That being said, not everyone charged with domestic violence is guilty of domestic violence, and there are certainly false allegations of domestic violence made. If you are charged with domestic violence, you should immediately get an attorney. Domestic Violence cases are usually taken very seriously by law enforcement and the prosecutor. DV Charge Requirements There are four different types, or degrees, of domestic violence, but as a whole Domestic Violence requires two people who: Currently live together, Used to live together, Are currently married, Used to be married, OR Have a child together.
Plea Bargaining with the Solicitor Another resolution to a domestic violence case would be a plea bargain. Need help with your domestic violence case in SC? Speak With Mandy Dial It was a long time coming, but the Reform Act gave it to us.
All of the other degrees build on this definition. The underlying act stays about the same — one person living with another person tries to or actually does physically hurt that person.
There is also a separate charge for the most serious type of domestic violence charge named, Domestic Violence of a High and Aggravated Nature. Here is a list of the different types of domestic violence charges in South Carolina:. If this is true, you then move on to the specifics of the incident to determine which degree it fits under.
Third degree domestic violence charges meet the basic definition of domestic violence without any additional aggravating circumstances as will be discussed below regarding the other charges of 1st and 2nd degree domestic violence. See the statute here under subsection D. If injury DOES occur, such as a bruise, redness, etc.
Mary questions Tom about the text. Tom calls the police. Mary has just committed domestic violence in the 3rd degree. A charge for Domestic Violence 2nd degree, is necessarily a 3rd degree charge with some other circumstance. See the statute here under subsection C.
There are many ways that a domestic violence incident can result in a 2nd degree charge. Therefore, a domestic violence incident has occurred, the following could increase the charge to the 2nd degree. Moderate bodily injury does not include one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care.
Tom tries to explain and Mary persists with arguing with him about the text. Tom has enough of Mary in his face and pushes her away from him and she falls backwards but suffers no injuries. This is witnessed by their 6 year old child. Mary calls the police and the police respond. Tom is appropriately charged with domestic violence in the 2rd degree.
In this example, the presence of the child, elevates what would be a 3rd degree domestic violence to a second degree. First degree domestic violence gets a little more serious. You can see the SC statute on the charge here under subsection B. As with 2nd degree domestic violence, 1st degree requires that the state prove the basic elements of domestic violence with one of the following aggravating circumstances.
The offender commits a 2nd degree domestic violence with one of the other aggravating circumstances and:. Tom has enough of Mary in his face and pushes her away from him and she falls backwards but hits the coffee table in the living room and is knocked unconscious.
Mary comes to and calls the police and the police respond. Tom is appropriately charged with domestic violence in the 1st degree. Here, even though arguably only moderate bodily injury occurred, it was also witnessed by their minor child. Therefore Tom would appropriately be charged with domestic violence in the 1st degree. It is the most serious type of domestic violence charge in South Carolina. Domestic violence of a high and aggravated nature requires harm or the threat of harm to a household member just like 1st, 2nd and 3rd degree domestic violence charges.
In addition to this requirement, one of 3 following scenarios must also be true:. Tom has enough of Mary and walks to the nightstand to get his gun. Mary follows and Tom fires the gun into the floor at her feet. Tom is appropriately charged with domestic violence of a high and aggravated nature.
Let me take a moment to clarify, that if Tom had actually shot Mary, he would still technically be guilty of DVHAN, but realistically he would be charged with the greater offense of Attempted Murder instead or maybe even both offenses.
If she perished, he would be charged with Murder. However, the version of the domestic violence statute prior to the amendments did include a provision that required an officer to make an arrest when there was any manifestation of injury. However, realistically, many law enforcement officers are still operating under the assumption that they are required to arrest someone if there is an alleged domestic violence case with any manifestation of injury.
It is this reason that prosecutors and law enforcement take domestic violence cases so seriously. So how does South Carolina currently handle domestic violence arrests? The answer is - it depends. The only thing that must happen under the Domestic Violence Act is the requirement that an official incident report be filed by the responding officer. The officer will also check to see if there is a current order of protection in place.
A police officer does not have to have a warrant to arrest a person for domestic violence. The decision of whether to make an arrest lies with the officer. Interestingly, the officer may never be required to get a warrant for a 3rd or 2nd degree domestic violence. See A In carrying out a warrantless arrest, the officer can enter the residence of the accused if the officer has probable cause to believe that doing so is reasonably necessary to prevent physical harm or danger to a family member or household member.
During the course of the arrest, the officer may seize, photograph or otherwise document any evidence of the crime. Likewise, if the victim is a household member, such as a spouse, the victim may be able to consent to a further search of the premises. Domestic violence incidents are rarely straightforward.
They can be messy and difficult to decipher since many times both parties have caused the other harm. If the court later finds that one party was the primary aggressor, the charges against the other person may be dismissed. If the law enforcement officer decides not to make an arrest on the spot, an arrest warrant can be obtained later after presenting the details of the investigation to a judge to determine if there is enough for probable cause.
If there is, an arrest warrant may be issued at that time. An arrest for a domestic violence charge can happen at any time. There is no time limit or statute of limitations that law enforcement must follow to make an arrest. Realistically, the more time that goes by, the less likely an arrest is. Likewise, if someone reports a domestic violence incident months after the event, law enforcement is less likely to follow up with an investigation unless there is a good reason for the delay in reporting.
There are two factors a court considers when deciding if someone will be let out on bond. Those factors are: is the person a danger to the community or victim, and second, is the person a flight risk - will they show up for court?
The court may use any factor it sees appropriate, but here are several from the statute to determine the answer to those two questions:. See However, I can tell you that in practice, the magistrates and municipal court judges generally interpret this to include costs and assessments. Violent offenses in South Carolina are those that are defined by statute.
Obviously since the crime is much more serious, it is likely to carry a higher bond. If the person is subject to an existing order of protection or restraining order in any state at the time of the offense or it the person has a prior conviction for violating a valid order of protection or restraining order in any state these additional items are considered in deciding whether to release a person on bond:.
Once the bond hearing is held and the amount of the bond is determined, the person, or a family member or friend can post the bond. This can be in the form of cash or money order to the clerk of court or more realistically, though a bondsman.
Once the bond is posted, the clerk will sign an order of release and the person will be released from jail usually within about four 4 hours. The potential penalties for a domestic violence conviction are stiff. The penalties were increased with the amendments. Here they are below:. This least serious type of domestic violence is a misdemeanor.
Physical assault in this context means an unwanted or rude touching. There is no requirement of actual harm or injury. A household member considered is a spouse, former spouse, someone you have a child in common with or someone of the opposite sex you now or formally have lived with.
Although CDV is a misdemeanor prosecutable in the municipal and magistrate courts of South Carolina, a CDV conviction can have very serious and lasting consequences.
The one-year minimum sentence cannot be suspended by the court, which means that if you plead guilty or are found guilty after a trial, it is a mandatory prison term. This is a dangerous assumption. The State decides whether or not to prosecute the case, with or without a reluctant victim. Often, the State will used recordings and the testimony of the responding officers, as well as any photographs taken by law enforcement, to prove an injury in the absence of a victim. Many people also assume that a physical injury must be present for a CDV to be charged.
These are serious charges and we have the experience and resources to properly prepare your defense.
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