Felony Domestic Violence in South Carolina

When domestic violence rises to certain levels under South Carolina law, the offense becomes a felony—with much more serious penalties and long-lasting consequences.

This article drills down into what counts as felony domestic violence in SC, what triggers it, and what the law says you should know.

Key Statutes

• S.C. Code § 16-25-20 — Domestic Violence: Acts Prohibited; Degrees; Penalties.
• S.C. Code § 16-25-65 — Domestic Violence of a High and Aggravated Nature (DVHAN).
• S.C. Code § 16-25-30 — Firearms and Ammunition Prohibitions Related to Domestic Violence Convictions.
• S.C. Code § 16-25-10 — Definitions (including “great bodily injury,” “deadly weapon,” “household member,” etc.) which are critical to understanding when domestic violence escalates to felony level.

What Makes Domestic Violence a Felony in SC

Domestic violence becomes a felony in SC under two principal statutes: First Degree Domestic Violence (under § 16-25-20) and Domestic Violence of a High and Aggravated Nature (DVHAN, under § 16-25-65).

The law sets out specific aggravating circumstances that, when present, can elevate what might otherwise be a misdemeanor to a felony.

Here are the key factors that lead to felony domestic violence:

First Degree Domestic Violence (Felony) — S.C. Code § 16-25-20(B)

To be charged with First Degree Domestic Violence, the accused must violate the basic domestic violence prohibitions in § 16-25-20(A) (i.e., causing or threatening physical harm to a household member or creating fear of imminent peril) and at least one of the following aggravating factors:

• Great bodily injury results, or the act is done by means likely to cause great bodily injury.
• Violation of a protection order, and in the process committing Domestic Violence in the Second Degree.
• One or more prior convictions for domestic violence within the past ten years.
• Use of a firearm during the commission of the offense.
• While committing Second Degree DV, one or more of these also occurs (these are “secondary aggravating” circumstances):
• Offense committed in the presence of, or perceived by, a minor
• Victim was known or reasonably should have been known to be pregnant
• Offense committed during a robbery, burglary, kidnapping, or theft
• Impeding the victim’s breathing or airflow (strangulation, suffocation)
• Using force or threatened force to block the victim’s access to a cell phone, telephone, or other communication device to prevent reporting the crime or calling for help (EMS, law enforcement)

If any one of those factors is present along with the base domestic violence act, the offense is a felony carrying up to 10 years’ imprisonment.

Domestic Violence of a High and Aggravated Nature (DVHAN) — S.C. Code § 16-25-65

DVHAN is the most serious domestic violence offense in SC. It is always a felony. Penalties go up to 20 years in prison.

To qualify as DVHAN, one must commit domestic violence under circumstances that meet one or more of these:

• The offense is committed under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results.
• The offense is committed, with or without battery, under circumstances manifesting extreme indifference, and would reasonably cause a person to fear imminent great bodily injury or death.
• The offender violates a protection order and in the process, commits First Degree Domestic Violence.

DVHAN also has defined “circumstances manifesting extreme indifference” (but the statute says the list is not exhaustive) — examples include using a deadly weapon; obstructing breathing; the presence of a minor; harm to a pregnant victim; committing the offense during other felonies (robbery, kidnapping, etc.); interfering with communications to prevent help.

Consequences of Felony Domestic Violence

Because felony DV (First Degree or DVHAN) is serious, the consequences are significantly more severe than for misdemeanors:

• Prison Sentences: Up to 10 years for First Degree; up to 20 years for DVHAN.
• Fines: Felony DV statutes do not specifically require fines, but courts may impose them in addition to imprisonment.
• Permanent or Long-Term Loss of Firearm Rights under SC Code § 16-25-30 (firearms and ammunition prohibitions) for those convicted of felony DV or DVHAN unless specific relief is granted (such as pardon or expungement).
• Effect on Parole Eligibility and other collateral consequences (professional licensing, employment, immigration, etc.)
• Protective Orders, Court Mandates, and possibly increased monitoring or supervision

What Must the Prosecution Prove?

To secure a felony DV conviction, the State must prove beyond a reasonable doubt:

• That the defendant is a “household member” (as defined in § 16-25-10).
• That the defendant committed the base act of domestic violence (causing physical harm, attempting, or creating fear of imminent harm) toward that household member.
• That one or more of the aggravating or felonizing factors (as listed above) are present.
• In DVHAN cases: that the “extreme indifference” standard is met (either through great bodily injury, or through circumstances that would cause fear of great injury or death).

Why Accurate Jury Instructions Matter

Accurate jury instructions are crucial, especially in felony DV cases, because the jury must understand the differences between degrees (e.g., First Degree vs. Second Degree vs. DVHAN) and which aggravating factors correspond to which charges.

Courts have reversed cases where juries were not properly instructed on lesser included offenses or the elements of lower degrees, even when those elements are part of the higher-degree charge. (See State v. Taylor, 392 S.C. 209, 708 S.E.2d 914 (2011)).

Case Scenario: When Domestic Violence Becomes a Felony in SC

Background

James and his wife, Maria, live in Horry County, SC. One evening, during an argument at their home, things spiral out of control. Maria tells James she’s leaving to stay with her sister and starts dialing her phone.

In anger, James shoves Maria against the wall and grabs her cell phone, throwing it across the room to keep her from calling for help. Their 7-year-old child is in the living room and witnesses the incident.

Police Involvement

Maria’s sister, unable to reach her on the phone, comes over and calls 911 after seeing bruising on Maria’s arm. Police arrive, investigate, and arrest James for domestic violence.

Legal Analysis Under SC Law

Here’s how prosecutors might evaluate James’s charges:

• Base Domestic Violence Act (§ 16-25-20(A))James caused physical harm to a household member (his wife) by shoving her. This alone meets the threshold for Third Degree Domestic Violence (normally a misdemeanor).
• Aggravating Factors Present
• Blocking communication: By taking Maria’s phone to prevent her from calling 911, James triggered one of the aggravating factors listed in § 16-25-20(B)(5)(e).
• Presence of a minor: Their 7-year-old child witnessed the incident, which is another aggravating factor under § 16-25-20(B)(5)(a).
• Because James committed more than one aggravating factor, the offense escalates to First Degree Domestic Violence, a felony punishable by up to 10 years in prison.
• Could This Become DVHAN (§ 16-25-65)?Suppose Maria had suffered a concussion or James had used a weapon. If the act created a substantial risk of death or great bodily injury, prosecutors could elevate it to Domestic Violence of a High and Aggravated Nature (DVHAN), which carries up to 20 years in prison.

Outcome

• James is formally charged with Domestic Violence, 1st Degree (Felony).
• Because firearms were found in the home, a conviction would also cause him to permanently lose his right to own or possess a firearm under § 16-25-30.
• Maria’s protective order would be strengthened, and James could face additional restrictions during the case.

Key Takeaway

A situation that might look like a misdemeanor domestic dispute can quickly escalate to a felony in SC when aggravating factors are present. Even without a deadly weapon or serious injury, actions such as:

• Committing DV in the presence of a child
• Interfering with 911 calls or cell phone access
• Having prior DV convictions
• Using a firearm during the incident…can turn the charge into First Degree Domestic Violence or even DVHAN.

Practical Advice & Takeaways

• If you’re facing DV allegations, check whether any of the felony triggers apply (past DV convictions, presence of a weapon, serious harm, protection order violation, etc.).
• Don’t assume non-physical acts can’t lead to felony charges — blocking communication, choking, or threats may meet the standard.
• Jury instructions are very important: missing instructions on lower degrees or aggravating factors can lead to reversal.
• Consequences go beyond prison — loss of rights (firearms, potentially other civil rights), impact on job, housing, immigration status, etc.

Protect Your Rights — Contact a South Carolina Domestic Violence Defense Attorney Today

If you or someone you love has been charged with felony domestic violence in South Carolina, the stakes couldn’t be higher.

A conviction can mean years in prison, permanent loss of your gun rights, and damage to your future that never goes away. You don’t have to face this alone.

Call us today at 843-488-5000 or use our online contact form to schedule a confidential consultation. The sooner you act, the stronger your defense can be.