Domestic Violence Charges in SC: Fines, Penalties, and Jail Time

If you are convicted of domestic violence charges in South Carolina, the penalties can be harsh.

Domestic violence is a “hot” political issue in our state, victim’s advocate groups are constantly seeking to make the penalties harsher for a conviction, and prosecutors sometimes refuse to dismiss weak domestic violence cases because they are afraid of negative media coverage – remember, circuit solicitors are elected in South Carolina.

If you or your spouse has been charged with domestic violence, your first step, after contacting your Summerville, SC, domestic violence lawyer, should be to understand the domestic violence charges, the potential defenses, and what the state must prove to get a conviction.

In this article, we will discuss the basics of domestic violence law in SC, including:

• The elements that must be proven to get a domestic violence conviction in SC,
• The different degrees of domestic violence charges in SC, and
• The potential penalties if a person is convicted of domestic violence.

What are Domestic Violence Charges in SC?

SC Code § 16-25-20 contains the basic elements that must be proven for all domestic violence charges in SC.

Third-Degree Domestic Violence Charges

Whether it is first, second, or third degree, or domestic violence high and aggravated, the state must prove that the defendant:

1. Caused physical harm or injury to a household member, or
2. Threatened or attempted to cause physical harm or injury to a household member.

These are the basic elements of domestic violence third degree, a misdemeanor that carries up to 90 days in jail and/or a $1,000-$2,500 fine. They are also the basic elements of domestic violence first degree, second degree, and high and aggravated although the state must prove additional aggravating factors for any domestic violence offense greater than third degree.

What’s a “household member?”

SC Code Section 16-25-10 defines “household member” as:

• A spouse,
• A former spouse,
• Persons who have a child in common, or
• A male and female who live together or who have lived together in the past.

Note that the SC Supreme Court has held that the language in this statute, “a male and female,” is unconstitutional and our state’s domestic violence protections apply equally to same-sex couples.

Evidence of either battery (caused physical harm) to a household member or simple assault (threatened physical harm) is enough to charge someone with domestic violence third degree in South Carolina.

Second-Degree Domestic Violence Charges

To be charged with second-degree, third-degree, or domestic violence of a high and aggravated nature, there must be evidence of additional aggravating factors.

Domestic violence second-degree is a misdemeanor that carries up to three years in prison and/or a $2,500-$5,000 fine.

To get a conviction, the state must prove beyond any reasonable doubt that you 1) caused physical harm or injury to a household member or 2) threatened or attempted to harm a household member and:

• There was or could have been “moderate bodily injury,”
• You were violating a protection order,
• You have a prior conviction for domestic violence within the past 10 years,
• The offense was committed in the presence of a minor,
• The alleged victim was pregnant,
• The offense was committed during a robbery, burglary, kidnapping, or theft,
• The alleged victim was choked; or
• You prevented the alleged victim from accessing their phone to call for help.

SC Code § 16-25-10 defines “moderate bodily injury” 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.”

First-Degree Domestic Violence Charges

Domestic violence first degree is a felony that carries up to ten years in prison.

To get a conviction, the state must prove beyond any reasonable doubt that you 1) caused physical harm or injury to a household member or 2) threatened or attempted to harm a household member and:

• There was or could have been “great bodily injury,”
• You were violating a protection order while committing a DV second degree,
• You have two or more prior convictions for domestic violence within the past 10 years,
• You used a firearm, or

While committing a DV second-degree:

• The offense was committed in the presence of a minor,
• The alleged victim was pregnant,
• The offense was committed during a robbery, burglary, kidnapping, or theft,
• The alleged victim was choked, or
• You prevented the alleged victim from calling for help.

SC Code § 16-25-10 defines “great bodily injury” 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

Domestic violence of a high and aggravated nature (DVHAN or CDVHAN) is a felony that carries up to 20 years in prison.

To get a conviction under SC Code § 16-25-65, the state must prove beyond any reasonable doubt that you 1) caused physical harm or injury to a household member or 2) threatened or attempted to harm a household member and:

• It happened “under circumstances manifesting extreme indifference to the value of human life,” and 

• The alleged victim suffered “great bodily injury” or the alleged victim reasonably feared “great bodily injury” or death; or
• You were violating a protection order while committing domestic violence first-degree.

What are “circumstances manifesting extreme indifference to the value of human life?” This is defined as:

• Use of a deadly weapon,
• Choking the alleged victim and they lose consciousness for any period of time,
• Committing the offense in the presence of a minor,
• When the alleged victim is pregnant,
• When the offense was committed during a robbery, burglary, kidnapping, or theft; or
• If you prevented the alleged victim from calling for help.

Domestic Violence Fines, Penalties & Jail Time in SC

The following chart contains the potential penalties for each degree of domestic violence charges, including whether the offense is a misdemeanor or felony and which court your case will likely be heard in:

Charge	Classification	Jail Time	Which Court?
Domestic Violence 1st	Felony	0-10 years	General Sessions
Domestic Violence 2nd	Misdemeanor	0-3 years	General Sessions
Domestic Violence 3rd	Misdemeanor	0-90 days	Magistrate, Municipal Court, or General Sessions Court (depending on the Solicitor’s choice)
DVHAN	Felony	0-20 years	General Sessions

Is Domestic Violence a Felony in South Carolina?

Whether domestic violence charges are a felony offense in SC depends on how the offense is charged.

If you are charged with domestic violence third or second-degree, it is classified as a misdemeanor (although either conviction would result in the loss of your ability to carry a firearm).

If you are charged with domestic violence first-degree or high and aggravated, it is classified as a felony.

Can a Domestic Violence Conviction Be Expunged in SC?

A first offense domestic violence third degree can be expunged, but the person must wait five years after the conviction.

Questions About Domestic Violence Charges in SC?

If you have been charged with domestic violence in the Summerville, SC, or Charleston, SC area, call Summerville domestic violence defense lawyer Mitchell Farley now at 843-212-2262 or send us an email using this form to find out what your options are and how we can help.