Facing domestic violence charges in the lowcountry?
Domestic violence lawyer Mitch Farley has dedicated his entire law practice to representing ordinary citizens who are facing criminal charges.
That includes people who are charged with all levels of domestic violence – DV 1st, DV 2nd, and DV 3rd degree and domestic violence of a high and aggravated nature (DVHAN).
In fact, he’s extremely passionate about domestic violence cases and for good reason.
You see, domestic violence has long been a “hot button” political issue in South Carolina, with police departments and prosecutors’ offices receiving funding based on the number of domestic violence arrests made.
Elected solicitors are concerned with their reputation for being tough on crime, and one way they can highlight their “crime-fighting credentials” before the next election is to show they are relentless in their pursuit of domestic abusers. Even when the alleged victim doesn’t want to prosecute and the evidence is shaky.
This is why people routinely turn to Farley Law!
People in the lowcountry turn to Farley Law when they are facing criminal charges because locals know that we are not “part-time” domestic violence defense attorneys – all we do is criminal defense all day every day.
Domestic violence lawyer Mitch Farley will investigate the allegations against you, interview the potential witnesses, gather the evidence we need to defend you in court, get your charges dismissed, find an acceptable resolution through pretrial diversion or plea agreement, or try your case to a jury of your peers.
We understand what is at stake for our domestic violence defense clients – even the accusation of domestic abuse can damage your reputation, family relationships, and job prospects.
A conviction can result in prison time, massive fines, and the loss of your right to own a firearm or get a concealed weapon permit!
The truth is, while we cannot promise or guarantee results to any client, we can and will do everything legally and ethically possible to win your case and achieve your goals whatever they might be.
What sets the Farley Law Firm
apart from other attorneys?
First and foremost, criminal defense is all we do and that matters a lot.
We don’t spend our time researching divorce law or trying car wreck cases – we represent people who are charged with domestic violence in Summerville, SC, and other criminal allegations.
Defense Attorney Mitchell Farley:
- Was born and raised in South Carolina’s Lowcountry. He received a degree in Political Science from the University of South Carolina and his Juris Doctorate from the Charleston School of Law, The Farley DUI defense law firm is located in Summerville, SC,
- Knows the local courts, police departments, jails, prosecutors, attorneys, victim’s advocates, and court personnel,
- Knows SC’s domestic violence laws, represents domestic violence clients, and regularly attends Continuing Legal Education semenars and training specific to criminal law and criminal trial practice,
- Has developed an extensive network of resources including membership in the South Carolina Association of Criminal Defense Lawyers (SCACDL) and the National Association of Criminal Defense Lawyers (NACDL),
- Has extensive experience navigating the complexities of domestic violence defense in SC including defending criminal cases with alleged victims, SC’s domestic violence laws, SC case law regarding domestic violence, and the unique issues that arise in domestic violence defense in SC’s courts,
- Has represented clients in well over a thousand criminal matters ranging from speeding tickets to different types of DUI offenses to murder charges, and
- Makes client communication a priority – we will answer your questions, return your phone calls, keep you updated, and be there with you at every stage of your case.
we accept all types of Domestic Violence Cases.
Domestic violence lawyer Mitchell Farley has extensive experience handling domestic violence defense and the unique issues that arise in DV cases.
We accept all types of domestic violence cases and are often retained by defendants’ family members or even the alleged victims in some cases. Our experience in this area includes:
- Domestic violence third-degree in the magistrate and municipal courts,
- Domestic violence first-degree and second-degree in General Sessions Court,
- Domestic violence of a high and aggravated nature (DVHAN),
- Murder, attempted murder, and manslaughter charges,
- Working with alleged victims who do not wish to testify or who want to testify on behalf of our client,
- Motions to modify bond conditions at the request of alleged victims, and
- Primary aggressor hearings to determine which party was the primary aggressor and move for dismissal pursuant to SC Code Section 16-25-70(D).
Ready To Speak With a
domestic violence Lawyer?
Schedule Your Appointment Today!
COMMON QUESTIONS FOR
DOMESTIC VIOLENCE LAWYERS IN SUMMERVILLE, SC
Is domestic violence a felony in SC?
Domestic violence 3rd degree (up to 90 days in jail) and DV 2nd degree (up to three years in prison) are misdemeanor offenses.
Domestic violence first-degree and domestic violence of a high and aggravated nature (DVHAN) are felony offenses.
Who are the victims of domestic violence?
The alleged victim must be a “household member” (a spouse, former spouse, person with whom you have a child, or person with whom you are cohabiting or have formerly cohabited). Otherwise, the appropriate charge would be assault and battery.
There are other “victims” of SC’s domestic violence laws, however – the thousands of people who are unjustly and wrongly accused of domestic violence based on a neighbor’s complaint, a police officer’s misinterpretation of the law, an angry spouse, or a former spouse who is seeking to gain an advantage in divorce or child custody proceedings.
What is considered domestic violence?
SC Code § 16-25-20 defines third-degree domestic violence as when a person:
- Causes physical harm to a household member (battery), or
- Offers or attempts to cause physical harm to a household member “with apparent present ability under circumstances reasonably creating fear of imminent peril” (assault).
Second-degree Domestic Violence, first-degree Domestic Violence, and DVHAN require proof of third-degree domestic violence plus additional aggravating factors – the potential punishment increases based on the severity of the alleged offense.
Can a domestic violence conviction be expunged?
A domestic violence third-degree can be expunged five years after the date of conviction and a domestic violence second-degree can only be expunged (after five years) if the guilty plea was pursuant to the Youthful Offender Act (YOA). First-degree domestic violence and DVHAN cannot be expunged in SC.
Can domestic violence charges be dropped?
We get many cases dismissed for our clients, including domestic violence charges, but we cannot promise or guarantee any particular result because every case is different.
Domestic violence charges are often dismissed by the prosecutor or court based on:
- The alleged victim’s request (although prosecutors are not bound by the alleged victim’s wishes),
- Constitutional or statutory violations committed by the arresting officer,
- Suppression of key evidence in pretrial motions,
- “New” facts or witness testimony discovered through the defense lawyer’s independent investigation,
- Insufficient evidence to prosecute, or
- Successful completion of a pretrial diversion program.
If you or someone you know is facing domestic violence charges of any degree, act fast. With each passing day the prosecution is building a case against you and you don’t want to leave your future to chance.
Ready To Speak With a
DOMESTIC VIOLENCE Lawyer?
Schedule Your Appointment Today!