Summerville Domestic Violence Attorneys
Facing Domestic Violence Charges in SC?
If so, chances are you’re likely feeling demoralized and disheartened, and you’re wondering how in the world you ended up in such a mess.
The truth is, you or your partner may have never intended for anyone to go to jail. Put another way, the severity of the situation wasn’t fully realized until after the fact. This is often the case—especially if alcohol was involved.
But now, you or your partner is faced with the fact that you can’t have contact with one another, which is even more difficult if kids are involved. You may not be able to provide or receive financial support, and most importantly, you’re wondering how all of this will affect your future. Regardless of the details surrounding your charges, you need these domestic violence charges to be resolved so you and your partner can move on.
To speak with an experienced Summerville domestic violence attorney, give us a call at (843) 891-6100 or contact us online.
How the Domestic Violence Attorneys at TMW Law Can Help
While domestic violence charges are a serious offense, there’s hope. You see, there are several ways we can seek a favorable outcome in your domestic violence charges.
Let's Look at Potential Legal Options
Solicitor/Prosecutor Drops the Charges
For starters, the solicitor/prosecutor could decide to drop the charges for several reasons. Some reasons include insufficient evidence to prosecute, improperly handled evidence, or surveillance footage or witness testimony that may tell a different story.
In some situations, issues arise with how law enforcement gathered evidence or documented the scene, which can lead a prosecutor in Dorchester County or Berkeley County to question whether they can prove the case in court. As domestic violence lawyers in Summerville, we review police reports, body camera footage, and medical records with a critical eye to identify weaknesses that may support a motion to dismiss or reduce the charge before your case is scheduled at the Summerville Municipal Court or the Dorchester County courthouse.
Victim Decides Not to Participate
It’s also possible for the victim to submit a form requesting that the charges be dropped. While the victim can’t drop the charges themselves, if the victim does not want to participate in prosecuting, the State may face difficult challenges proving the charges and, therefore, decide to drop them.
When a household member no longer wishes to go forward, there may still be 911 recordings, photographs, or officer observations that the prosecutor can rely on, so the case does not automatically go away. A domestic violence attorney can evaluate how strong the remaining evidence really is and communicate with the Solicitor’s Office about whether continuing to prosecute is in the interest of justice, particularly if both parties are pursuing counseling or working through related issues in family court.
Plea Bargain with the Solicitor
In some cases, you may be able to plead to a lesser charge or have your charge reduced. If you’re charged with more than one offense, it may be possible to plead to one charge in exchange for another being dismissed. Another way to plea bargain is to negotiate a sentence, such as to accept probation.
Plea negotiations often take into account your prior record, the specific degree of domestic violence charged, and whether there were any aggravating factors such as alleged injuries or the presence of children. A domestic violence attorney Summerville residents trust will walk you through the potential consequences of each option, including how a conviction might affect employment, firearms rights, or pending custody cases, so you can make informed decisions rather than feeling pressured at the last minute in court.
Understanding Your Rights in a Domestic Violence Charge
Being arrested for domestic violence can be a frightening and overwhelming experience. It's important to understand your rights and legal options in this situation. Our experienced domestic violence lawyers at TMW Law can provide you with the guidance and support you need during this difficult time.
When facing domestic violence charges, it's crucial to:
- Understand your legal rights
- Seek legal representation immediately
- Be aware of the potential consequences
- Explore all available legal options
Our team is dedicated to protecting your rights and providing you with a strong defense. We will work tirelessly to achieve the best possible outcome for your situation. Contact us today for a confidential consultation to discuss your legal options and potential strategies.
To speak with an experienced Summerville domestic violence attorney, give us a call at (843) 891-6100 or contact us online.
Why Fight Your Domestic Violence Charges?
It might be tempting to just pay the fine and put your domestic violence charges behind you. The problem is that paying the fine is the same as pleading guilty. Once you plead guilty you now have a criminal record, which can severely impact your future employment, housing, and even travel opportunities.
Not to mention, if you have a prior conviction your current charges can be increased to a higher domestic violence offense. For example, if you have a prior conviction within the past 10 years, your current DV charges can be increased from a DV 3rd degree to a DV 2nd degree which further complicates matters.
The bottom line is… you need a domestic violence attorney to help you fight your charges.
Our domestic violence lawyers in Summerville can help you with:
- Representation at your bond hearing after the arrest so you understand the conditions that may be imposed and have someone advocating for a reasonable bond amount.
- Devising a plan of attack to arrive at the best possible outcome based on the evidence, your goals, and how domestic violence cases are typically handled in local courts.
- Seeking a restraining order for the victim against the accused when continued contact would place someone at risk and legal protection is needed.
- Navigating a no-contact order in a domestic violence charge when children are shared, including coordinating safe exchanges and addressing related family court concerns.
- Fighting your domestic violence charge through motions, negotiations, or trial when appropriate, always keeping you informed about each step in the process.
Beyond the immediate criminal penalties, a domestic violence conviction can affect where you are allowed to live, whether you can possess a firearm, and how a family court judge views you in a custody or visitation dispute. In the Summerville area, judges in both criminal and family courts take allegations of violence very seriously, so it is important to work with a domestic violence lawyer who understands how these systems interact and can help you plan for both the short-term and long-term impact on your life.
