Criminal Domestic Violence Cases Receiving More Scrutiny
South Carolina has seen a major increase in Criminal Domestic Violence (CDV) cases over the years. As a result, South Carolina and the Federal Government have devoted more resources toward this issue. To this end, in many counties South Carolina has created special domestic violence courts and specifically appointed domestic violence prosecutors to handle these cases. Law enforcement has become more aggressive with CDV arrests and prosecutors more reluctant to dismiss domestic violence cases. On June 4, 2015, the Domestic Violence Reform Act, was signed into law, further increasing the penalties for someone convicted of criminal domestic violence. (If you have been charged with criminal domestic violence after June 4, 2015, be sure to visit us here for a discussion of the new law) The increased efforts to prosecute people charged with CDV makes it more important for you to contact an experienced former Special City Domestic Violence prosecutor at Pisarik Law Firm today to discuss your case. 803-415-2733.
Mandatory Arrest & Victimless Prosecution:
South Carolina has adopted mandatory arrest provisions for certain domestic violence cases and even allows for warrantless searches in certain instances where domestic violence is involved. In addition, CDV prosecutions may still go forward against the wishes or without the cooperation of the alleged victim in the case.
A common misconception of the general public is that every domestic violence case involves actual physical violence. Another misconception is that domestic violence can only occur against females. Neither is true under South Carolina Law. In order to be convicted of Criminal Domestic Violence the State must prove:
- A person caused physical harm or injury to a person’s own household member; OR
- A person offered or attempted to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
With the passing of the new Domestic Violence Reform Act, certain aggravating factors can now be used to enhance a criminal domestic violence charge. If you have been charged with criminal domestic violence after June 4, 2015, be sure to visit us here for a discussion of the changes to the criminal domestic violence laws.
In South Carolina, only household members as defined by SC Code of Laws 16-25-10 can be charged with Criminal Domestic Violence. Household member means:
- A spouse
- A former spouse
- Persons who have a child in common; OR
- A male and female who are cohabiting or formerly have cohabitated.
A criminal domestic violence conviction can not only have long lasting effects but also carry with it certain social stigmas. If convicted of Criminal Domestic Violence, a person not only faces potential jail time or fines, but also the loss of a right to own or possess a firearm or ammunition in the future. However, just because you have been arrested for CDV does not mean that you are guilty. Contact a domestic violence attorney at Pisarik Law Firm today to discuss your domestic violence defense.
Criminal Domestic Violence of a High and Aggravated Nature:
Prior to June 4, 2015, domestic violence cases that have an assault and battery which involves a deadly weapon or serious bodily injury or even an assault without a battery, which would reasonably cause a person to fear imminent serious bodily injury or death can lead to a charge of criminal domestic violence of a high and aggravated nature (CDVHAN). A conviction for CDVHAN prior to June 4, 2015, carries a mandatory minimum jail sentence of one year up to as much as ten years.
After June 4, 2015, the new definition and penalties for domestic violence of a high and aggravated nature established by the Domestic Violence Reform Act will be applied. Be sure to visit us here for a discussion of the changes to the domestic violence of a high and aggravated nature law.
Contact an experienced domestic violence attorney at Pisarik Law Firm today for a free consultation to discuss your domestic violence defense.
There are two sides to every story. If you have been arrested for criminal domestic violence give the Pisarik Law Firm a call to talk about your case. As a former Special City Prosecutor for Domestic Violence, Craig Pisarik has not only handled hundreds of Domestic Violence cases, but he has also presented at Judicial CLEs and trained police officers on the topic of CDV laws and procedures. Put that experience to work for you today by calling a domestic violence lawyer at Pisarik Law Firm for a free consultation. (803)-415-2733