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When is domestic violence a felony in SC?
Some domestic violence charges are classified as misdemeanors, while others are classified as felonies. In this article, we will answer some questions about domestic violence charges in SC, including:
- Is domestic violence a felony?
- When is domestic violence a misdemeanor?
- What are the consequences of a domestic violence conviction in SC?
Is Domestic Violence a Felony in SC?
There are four “degrees” of domestic violence (DV) charges in SC, including DV first, second, and third degrees, and DVHAN (high and aggravated nature). You could also be charged with a criminal offense for violation of a domestic violence protection order.
So, when is domestic violence a felony?
DV first degree and DVHAN are classified as felonies, while DV second and third degree (or violation of a protection order) are classified as misdemeanors.
Domestic Violence First Degree – Felony Offense
Domestic Violence first degree is a felony offense that is punishable by up to ten years in prison.
Under SC Code Section 16-25-20, any DV charge requires proof that the defendant:
- Caused physical harm to a household member, or
- threatened or attempted to cause physical harm to a household member (with apparent present ability under circumstances reasonably creating fear of imminent peril).
To be convicted of the felony domestic violence first degree also requires proof that:
(1) great bodily injury to the person’s own household member results or the act is accomplished by means likely to result in great bodily injury to the person’s own household member;
(2) the person violates a protection order and in the process of violating the order commits domestic violence in the second degree;
(3) has two or more prior convictions of domestic violence within ten years of the current offense;
(4) the person uses a firearm in any manner while violating the provisions of subsection (A); or
(5) in the process of committing domestic violence in the second degree one of the following also results:
(a) the offense is committed in the presence of, or while being perceived by a minor;
(b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant;
(c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft;
(d) the offense is committed by impeding the victim’s breathing or air flow; or
(e) the offense is committed using physical force or the threatened use of force against another to block that person’s access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:
(i) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
(ii) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.
Domestic Violence of a High and Aggravated Nature – Felony Offense
Domestic Violence of a high and aggravated nature, found in SC Code Section 16-25-65, is a felony offense that is punishable by up to 20 years in prison.
As with all DV charges, the state must prove that the defendant:
- Caused physical harm to a household member, or
- threatened or attempted to cause physical harm to a household member (with apparent present ability under circumstances reasonably creating fear of imminent peril).
To be convicted of the felony domestic violence of a high and aggravated nature (ABHAN) also requires proof that the person:
(1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results;
(2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or
(3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree.
When Domestic Violence Charges are Not a Felony – Misdemeanor DV Charges
When is domestic violence not a felony in SC?
Most DV charges in SC are misdemeanor offenses, including domestic violence third degree (the most charged DV offense) and domestic violence second degree.
Domestic Violence Second Degree is Not a Felony in SC
DV second degree is a misdemeanor offense that is punishable by up to three years in prison.
As with all DV charges, the state must prove that the defendant:
- Caused physical harm to a household member, or
- threatened or attempted to cause physical harm to a household member (with apparent present ability under circumstances reasonably creating fear of imminent peril).
To be convicted of misdemeanor domestic violence second degree also requires proof that:
(1) moderate bodily injury to the person’s own household member results or the act is accomplished by means likely to result in moderate bodily injury to the person’s own household member;
(2) the person violates a protection order and in the process of violating the order commits domestic violence in the third degree;
(3) the person has one prior conviction for domestic violence in the past ten years from the current offense; or
(4) in the process of committing domestic violence in the third degree one of the following also results:
(a) the offense is committed in the presence of, or while being perceived by, a minor;
(b) the offense is committed against a person known, or who reasonably should have been known, by the offender to be pregnant;
(c) the offense is committed during the commission of a robbery, burglary, kidnapping, or theft;
(d) the offense is committed by impeding the victim’s breathing or air flow; or
(e) the offense is committed using physical force or the threatened use of force against another to block that person’s access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:
(i) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
(ii) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.
Misdemeanor Domestic Violence in South Carolina – Third Degree DV
Misdemeanor 3rd-degree domestic violence carries up to 90 days in jail and requires proof that the defendant:
- Caused physical harm to a household member, or
- threatened or attempted to cause physical harm to a household member (with apparent present ability under circumstances reasonably creating fear of imminent peril).
Violation of a DV Protection Order is a Misdemeanor
If a person violates a domestic violence protection order, that is a separate criminal offense that is classified as a misdemeanor and carries up to 30 days in jail if convicted.
Got Axelrod?
If you have been charged with domestic violence in SC, the state is already building their case against you and preparing for trial. You need an experienced defense lawyer on your side immediately who can do the same.
Call the domestic violence lawyers in Myrtle Beach at Axelrod & Associates now at 843-353-3449 or complete our contact form to set up an initial consultation.
