South Carolina Domestic Violence

The South Carolina Code of Laws contains specific domestic violence provisions that prohibit household members from causing physical harm or attempting to cause physical harm to other household members. If you have been arrested or charged with first-, second- or third-degree domestic violence in South Carolina, you need a knowledgeable criminal defense attorney on your side who understands South Carolina domestic violence laws and how they apply to your case. With the right legal representation, you may be able to get your domestic violence charges reduced to a lesser offense or possibly even avoid prosecution altogether.

South Carolina Domestic Violence Crimes and Penalties

Unlike some other states, South Carolina has a separate chapter under Title 16, Crimes and Offenses, that is devoted entirely to domestic violence offenses, or offenses against household members. Under South Carolina law, the term “household members” includes spouses, former spouses, people who have a child in common, or a male and female who are cohabitating or who cohabitated in the past. Pursuant to S.C. Code Ann. § 16-25-20(A), it is considered an unlawful act of domestic violence to:

Cause physical harm or injury to a household member, or
Offer or attempt to cause physical harm or injury to a household member with apparent present ability under circumstances that cause the person to reasonably fear imminent danger.

There are different degrees of domestic violence in South Carolina and each degree has its own elements and potential criminal penalties.

Domestic Violence of a High and Aggravated Nature – S.C. Code Ann. § 16-25-65

(A) A person who violates Section 16-25-20(A) is guilty of the offense of domestic violence of a high and aggravated nature when one of the following occurs. The person:

(1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results;

(2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or

(3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree.

Any person who violates S.C. Code Ann. § 16-25-65 is guilty of felony domestic violence. If you are found guilty of a criminal offense that constitutes domestic violence of a high and aggravated nature, you could face a possible penalty of imprisonment for up to 20 years.

Domestic Violence in the First Degree – S.C. Code Ann. § 16-25-20(B)

(B) Except as otherwise provided in this section, a person commits the offense of domestic violence in the first degree if the person violates the provisions of subsection (A) and:

(1) great bodily injury to the person’s own household member results or the act is accomplished by means likely to result in great bodily injury to the person’s own household member;

(2) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree;

(3) has two or more prior convictions of domestic violence within ten years of the current offense;

(4) the person uses a firearm in any manner while violating the provisions of subsection (A); or

(5) in the process of committing domestic violence in the second degree one of the following also results:

(a) the offense is committed in the presence of, or while being perceived by a minor;

(b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant;

(d) the offense is committed by impeding the victim’s breathing or air flow; or

(e) the offense is committed using physical force or the threatened use of force against another to block that person’s access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:

(i) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or

(ii) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.

Any person who violates S.C. Code Ann. § 16-25-20(B) is guilty of felony domestic violence. If you are convicted on charges of domestic violence in the first degree, you could face a possible penalty of imprisonment for up to 10 years.

Domestic Violence in the Second Degree – S.C. Code Ann. § 16-25-20(C)

(1) moderate bodily injury to the person’s own household member results or the act is accomplished by means likely to result in moderate bodily injury to the person’s own household member;

(2) the person violates a protection order and in the process of violating the order commits domestic violence in the third degree;

(3) the person has one prior conviction for domestic violence in the past ten years from the current offense; or

(4) in the process of committing domestic violence in the third degree one of the following also results:

(a) the offense is committed in the presence of, or while being perceived by, a minor;

(b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant;

(d) the offense is committed by impeding the victim’s breathing or air flow; or

(i) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or

(ii) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.

Any person who violates S.C. Code Ann. § 16-25-20(C) is guilty of a misdemeanor offense. If you are convicted on charges of domestic violence in the second degree, you face a possible penalty of imprisonment for up to three years, a fine of not less than $2,500 nor more than $5,000, or both.

Domestic Violence in the Third Degree – S.C. Code Ann. § 16-25-20(D)

(D) A person commits the offense of domestic violence in the third degree if the person violates subsection (A).

Any person who violates S.C. Code Ann. § 16-25-20(D) is guilty of a misdemeanor offense. If you are convicted on charges of domestic violence in the third degree, you may be imprisoned for up to 90 days, fined not less than $1,000 nor more than $2,500, or both.

Consult a South Carolina Domestic Violence Attorney

Domestic violence is considered a serious crime in South Carolina and recent changes to the law have resulted in harsher penalties for acts of criminal domestic violence. If you are at risk for criminal prosecution, whether you have been arrested for domestic violence, charged or suspect that you may be charged for an act of domestic violence, the first thing you should do is contact a South Carolina criminal defense attorney who specializes in domestic violence cases. A conviction under any of the statutes noted above can subject you to stiff fines, a lengthy jail or prison sentence and the stigma that goes along with domestic violence crimes, so don’t wait to protect your rights.