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Arrested for Domestic Violence 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 oftentimes 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 case you need these DV charges to go away so you and or your partner can move on with life.
That’s Where the Domestic Violence Attorneys at Templeton Mims & Ward Can Help.
While domestic violence charges are a serious offense, there’s hope. You see, there are several ways we can obtain a favorable outcome in your domestic violence case.
Let’s Take a Look at Potential Options.
Solicitor/Prosecutor drops the case
For starters, the solicitor/prosecutor could decide to drop the case for a number of reasons. Some of which include insufficient evidence to prosecute the case, the evidence was improperly handled, or surveillance footage or witnesses may tell a different story.
Victim decides not to participate
It’s also possible for the victim to submit a form requesting that the charges be dropped. And while the victim can’t drop the charges themselves, if the victim does not want to participate in prosecuting the case, the State may face difficult challenges proving the case and therefore decide to drop the charges.
Plea bargain with the solicitor
In some cases you may be able to plea to a lesser charge or have your charge reduced. If you’re charged with more than one offense, it may be possible to plea to one charge in exchange for another being dismissed. Another way to plea bargain is to negotiate a sentence such as to accept probation.
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.
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.
We Can Help You With:
- Representation at your bond hearing after the arrest
- Devising a plan of attack to arrive at the best possible outcome possible
- Seeking a restraining order for the victim against the accused
- Navigating a no contact order in a DV case when children are shared
- Fighting your domestic violence charge
Frequently Asked Questions
Is domestic violence a crime?
Yes, in South Carolina it is against the law to cause hurt or try to hurt someone in your household. While marital disputes and fights between couples are a common occurrence that can stay private, violence causes the problem to become a legal issue.
How many domestic violence charges are there?
There are 4 domestic violence charges in South Carolina: Domestic Violence of a High and Aggravated Nature, DV 1st degree, DV 2nd degree, and DV 3rd degree.
Is domestic violence a felony or misdemeanor?
It depends. DV 3rd and 2nd are both misdemeanors, while DV 1st and DVHAN (domestic violence of a high and aggravated nature) are both felonies. No matter the charge, you could be facing life-altering jail time and fines.
What is the definition of domestic violence?
In South Carolina domestic violence refers to physical harm or injury (or the attempt to do so) to someone in your household.
Who does that mean? Examples of household members can be spouses, former spouses, couples who live together, couples who used to live together, and two people who share a child or children together.
Can domestic violence charges be dropped?
It is a common misconception that DV charges can just be dropped by the victim. This isn’t true! While the victim can choose to not participate in the domestic violence case, they can’t make the prosecutor drop the case. After law enforcement conducts their investigation they hand the case over to the prosecutor. At that point it is up to the Solicitor to pursue the case or not. The victim doesn’t get to make that decision.
In some cases where the victim chooses not to participate in the prosecution, the prosecutor may decide that without that support their case is not strong enough. In this situation the case may be dropped.
The staff was very friendly and helpful.Anonymous
He took the time to listen and got the job done. I highly recommend him.Lucy B.
She is professional and shows empathy. She defended me until all my charges were dismissed.Joel L.
He's very efficient and definitely an excellent choice! Great communication, great work, and great results!Ongela
He always had my best interest at heart and definitely took the worry and concerns off my shoulders.Missy G.
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