What’s the difference between the degrees of domestic violence charges in SC?
Whether it is misdemeanor third-degree domestic violence or the more serious allegations of domestic violence of a high and aggravated nature (DVHAN), the mere accusation can have serious consequences for a person – even if the person is not guilty and even if their case is ultimately dismissed.
When a person is convicted of domestic violence, however, the consequences can be harsh – including prison time, substantial fines, court-ordered counseling, and the loss of your right to own a weapon or get a concealed weapon permit in SC.
The potential penalties for domestic violence charges in SC increase based on the degree of the offense charged – with a misdemeanor third-degree domestic violence conviction carrying up to 90 days in jail and a DVHAN carrying up to 20 years in prison.
Below, we will take a look at what the state must prove to convict a person of domestic violence first, second, or third-degree or domestic violence of a high and aggravated nature.
Domestic Violence Third Degree
The elements that must be proven for 1st, 2nd, or 3rd-degree domestic violence charges in SC are found in SC Code § 16-25-20.
Third-degree domestic violence is usually heard in the magistrate court (or municipal court if the offense was in city limits), and a conviction can carry as much as 90 days in jail.
The elements of domestic violence third degree are:
- The person caused physical harm or injury to a household member, or
- The person offered or attempted to cause physical harm or injury to a household member, with the present ability to follow through, under circumstances that reasonably created a fear of imminent peril.
These elements apply to all domestic violence charges in SC, but second-degree, first-degree, and DVHAN have additional aggravating circumstances that must be proven before a person can be convicted of the crime.
Note that there are two ways a person can be convicted of domestic violence third degree – 1) by actually causing harm to a household member or 2) by simply threatening to harm a family member.
A 3rd-degree domestic violence conviction can be expunged after five years, but this does not apply to 2nd-degree, 1st-degree, or DVHAN.
Domestic Violence Second Degree
Second-degree domestic violence carries up to three years in prison if the person is convicted. It requires proof of the same elements found in third-degree domestic violence, but it also requires proof of additional aggravating circumstances.
The state must prove that you harmed a household member or threatened harm to a household member, and they must prove that:
- There was or could have been “moderate bodily injury,”
- The person was violating a protection order while committing domestic violence third-degree,
- There is a prior conviction for domestic violence within the past 10 years, or
- While committing a DV third degree, 1) there was a minor present, 2) the alleged victim was pregnant, 3) the domestic violence happened during the commission of a robbery, burglary, kidnapping, or theft, 4) the alleged victim was choked, or 5) the person prevented the alleged victim from accessing their phone or computer to call for help.
What is “moderate bodily injury?”
It is defined in SC Code § 16-25-10 as “physical injury that involves prolonged loss of consciousness or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation.”
Moderate bodily injury does not mean “one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care.”
Domestic Violence First Degree
First-degree domestic violence carries up to ten years in prison if the person is convicted.
As with second-degree DV, first-degree DV requires proof that the person harmed a household member or threatened harm to a household member, and the state must prove that:
- There was or could have been “great bodily injury,”
- The person was violating a protection order while committing domestic violence second degree,
- There are two or more prior convictions for domestic violence within the past 10 years,
- The person used a firearm while committing the offense, or
- While committing a DV second degree, 1) there was a minor present, 2) the alleged victim was pregnant, 3) the domestic violence happened during the commission of a robbery, burglary, kidnapping, or theft, 4) the alleged victim was choked, or 5) the person prevented the alleged victim from accessing their phone or computer to call for help.
What is “great bodily injury?”
It is defined in SC Code § 16-25-10 as “bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.”
Domestic Violence of a High and Aggravated Nature (DVHAN)
DVHAN carries up to 20 years in prison if the person is convicted.
As with 1st, 2nd, and 3rd degree DV, DVHAN requires proof that the person harmed a household member or threatened harm to a household member, and the state must prove that:
- There were “circumstances manifesting extreme indifference to the value of human life” and the alleged victim suffers great bodily injury, or the alleged victim reasonably feared great bodily injury or death, or
- The person was violating a protection order while committing domestic violence first degree.
What are “circumstances manifesting extreme indifference to the value of human life?”
- Use of a deadly weapon,
- Choking the alleged victim if they lose consciousness for any period of time,
- The alleged victim was pregnant,
- The domestic violence happened during the commission of a robbery, burglary, kidnapping, or theft, or
- The person prevented the alleged victim from accessing their phone or computer to call for help.
Questions About the Degrees of Domestic Violence in SC?
If you or someone you love has been charged with domestic violence in SC, call the domestic violence defense lawyers at Coastal Law now at (843) 488-5000 or send us a message online to find out how we can help.
