How to Beat a Criminal Domestic Violence Charge in SC

Criminal domestic violence charges are serious. Anyone accused of criminal domestic violence (CDV) can face felony or misdemeanor charges, not to mention various penalties, including time in jail. Reach out to William G. Yarborough, Attorney at Law, to go over the charges and begin crafting a defense. Our Greenville, SC criminal defense lawyer can discuss in greater detail how to beat a CDV charge in SC, and we can help find evidence to use in your defense.

What is the CDV Charge in South Carolina?

Domestic violence against a family member qualifies as domestic violence. Under South Carolina Code § 16-25-20, it is illegal to cause or attempt to cause physical harm or injury to a household member.

A household member is a:

• Spouse
• Former spouse
• Coparent
• Someone you currently live with or formerly cohabitated with.

Criminal domestic violence can be charged as either a felony or a misdemeanor, based on various factors, including the severity of the victim’s injuries.

For example, if you commit domestic violence and cause great bodily injury, then you can face domestic violence in the first degree charges, which means up to 10 years in prison.

A CDV in the second degree is a misdemeanor offense, and defendants can face up to three years behind bars if convicted.

How to Beat a CDV Charge in SC

Beating a CDV charge requires a deliberate, thoughtful approach:

1. Hire a lawyer quickly. A lawyer will know what evidence is useful and can help preserve it. For example, the alleged victim might have sent you a text admitting they attacked you first. We want to preserve that evidence for introduction later at a hearing.
2. Do not violate any restraining order. Most defendants are subject to a restraining order or order of protection after arrest. This judicial order will prohibit you from contacting the alleged victim or coming near them. The order can also demand that you vacate the home. You must follow this order because any violation, even an accidental one, can make you seem dangerous in the judge’s eyes. You can also pick up another criminal charge for violating the order.
3. Turn over guns, if required. Most orders of protection require that a defendant turn over their firearms to the police. If you are caught, then you can face additional criminal charges.
4. Avoid committing any other crimes. You need to keep your nose clean as your case works its way through the system. That means no offenses for drug possession, DUI, shoplifting, or so on.
5. Do not post on social media. Some people post information on social media, which is a huge mistake. You might say or admit something that the state uses to convict you of criminal domestic violence. Instead of talking about your case on Facebook, you can have face-to-face conversations with family to update them on the status of your case.

Discuss a CDV charge with an experienced lawyer today. We have other tips that can make it possible to win your case or reduce the charges.

What Defenses Can We Raise to a CDV Charge?

The key to bringing a strong defense is to review the evidence against you, which usually consists of allegations that you physically attacked someone or threatened to cause harm.

There are some common ways to defend yourself from these charges:

• Self-defense. You are not guilty of assault if you were legally defending yourself from violence. Suppose your wife attacks you, and you strike her to protect yourself. You could probably claim self-defense, which means you should not be convicted.
• Insufficient evidence or reasonable doubt. As with all criminal charges, the state needs to prove you are guilty beyond a reasonable doubt. There might be no witnesses to the attack, which means you might claim you were not guilty. If a jury cannot decide between competing versions of events, then they should not convict the defendant.
• Lack of injury. Domestic violence in the first degree usually requires the victim to suffer “great bodily injury,” which is typically disfigurement or impairment of a bodily function. We might argue the victim didn’t suffer serious injuries, which can reduce the charges.
• Unconstitutional search or seizure. The police need to follow the Constitution when investigating a crime. The police might have seized you without any reason or gone through your phone without a search warrant. We can move to suppress evidence.

Your criminal history will matter. Someone with other domestic violence charges or assault convictions faces an uphill climb. Let our legal team review.

Why CDV Charges Are Serious

Anyone convicted of domestic violence in South Carolina can face fines, time behind bars, and other legal punishments. There are also non-criminal consequences.

For example, your boss might find out you were arrested for domestic violence and decide to let you go. Most employees in South Carolina are “at will,” which means an employer can let you go for almost any reason.

A criminal conviction can also make it hard to get a job if you are searching to switch careers. Employers usually pull a criminal history, and they can find a domestic violence offense. Employers vary in how they treat CDV charges, but some will refuse to hire you.

A domestic violence charge can also have a huge impact if you are in family court for divorce or paternity issues. A judge can consider domestic violence when it comes to setting child custody, alimony, and the division of marital property.

Fight the charges today. Your best bet is to connect with an experienced criminal defense attorney to discuss what happened and look at police reports and other evidence.

Call Our Greenville, SC Criminal Defense Lawyer

Attorney Yarborough brings more than three decades of experience to each case he accepts. He has helped men and women accused of criminal domestic violence, and he can advise you about how to abide by any order of protection. Contact our office to schedule a consultation. We have helped those in the 29609 zip code.