Criminal Domestic Violence is, unfortunately, one of the most common criminal charges here in South Carolina. According to South Carolina law, the crime of domestic violence is committed when a person causes harm or injury to a household member, or are threatening or attempting to cause harm or injury while appearing able to carry out the threat. If you or a loved one are facing domestic violence charge, it is crucial that you retain a Georgetown domestic violence attorney that can protect your best interests at every step.
Dependent on the nature of the alleged crime and the history of the defendant, domestic violence charges can be either a misdemeanor or a felony, but all domestic violence charges are prosecuted in Criminal Court.
A Criminal Domestic Violence arrest can tear your life apart and carry up to a 20-year prison sentence, even for first-time offenses.
At Snow & Woods, Attorneys at Law, LLC, we understand that South Carolina Criminal Domestic Violence charges may be brought against with very little, or no evidence at all. It is important to us that your legal rights are protected throughout the entire process, especially during a Criminal Domestic Violence arrest in South Carolina. The experienced Georgetown domestic violence attorneys of Snow & Woods, Attorneys at Law, LLC will fight tirelessly defending your best interests.
What is Criminal Domestic Violence in South Carolina? According to South Carolina's domestic violence laws which are codified in S.C. Code § 16-25- 10, et seq. it is unlawful to:
- cause physical harm or injury to persons own household member; or
- offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under the circumstances reasonably creating fear of imminent peril.
According to South Carolina Legislation, a household member is defined as a spouse, former spouse, persons who have a child in common, or people of the opposite sex who live together or were previously cohabiting.What are the Penalties for Criminal Domestic Violence?
Penalties for Criminal Domestic Violence in the state of South Carolina are dependent on the type of domestic violence charge, and can include:
- Up to 20 years in prison,
- A fine of up to $5000; and/or,
- 26 weeks of domestic abuse counseling
According to South Carolina law, if a police officer has probable cause to believe that the crime of domestic violence has taken place, the officer can make an arrest with or without a warrant, even if they did not see the alleged event take place.
If the victim has suffered an injury in any way, the officer must arrest if they have probable cause to believe a crime of domestic violence has occurred.
Criminal Domestic Violence law oftentimes criminalizes conduct that in any other situation would not be classed as a criminal act, for example, the injury or attempt to cause an injury to another is not required to have taken place for law enforcement to arrest an individual.
Individuals may be arrested based solely on a misinterpretation of the statute by the officer, or the malicious and false statements made by another, this is why it is crucial to obtain defense from a Georgetown criminal domestic violence attorney as quickly as possible.Why Choose Us to Represent You?
Snow & Woods, Attorneys at Law, LLC has a seasoned and esteemed history of representing both men and women, charged with all levels of domestic violence, with or without previous arrest records.
We take the time during our initial consultation to ensure that our clients understand their legal rights and how we can help them to exercise them.
When you choose to retain Snow & Woods, Attorneys at Law, LLC, you can rest assured that we will do all that we can to fight for you and your best interests. From filing the necessary motions and paperwork with the court to request any potential evidence that law enforcement or prosecutors have and may be planning to use against you in a court of law. By being proactive and understanding your individual case, we have the opportunity to consider all options and devise a strategic plan of action for your case.
As seasoned Georgetown criminal defense attorneys we pride ourselves on utilizing advanced defense strategies that include but are not limited to, the use of medical and other expert witnesses, the use of licensed private investigators and also voluntary counseling and other therapy.
With the help and guidance of an experienced Georgetown criminal defense attorney, it is possible to resolve Criminal Domestic Violence cases in a way that is least damaging to the defendant. Possible options include, but are not limited to, referral programs which result in the charges against you being dismissed upon completion, plea negotiations to a reduced charge, and even pre-trial dismissal by the prosecutor.
Always remember that you are innocent until proven guilty–in the The United States, this is your constitutional right. With strategic preparation, intimate knowledge of the legal process, and aggressive courtroom defense, we can help to protect what matters most to you.