Domestic violence cases in South Carolina are taken seriously under the law. Understanding the specifics of domestic violence 2nd degree is crucial for anyone facing charges or looking for information about the law. This article will explore what domestic violence 2nd degree is, penalties, and how the law works in South Carolina, offering a one-stop destination for anyone seeking legal advice or resources related to this charge.
What is Domestic Violence 2nd Degree in South Carolina?
Domestic violence 2nd degree refers to a situation where someone causes or attempts to cause moderate bodily injury to a household member. This could include bruises, cuts, swelling, or any injury that is not life-threatening but still significant. It also involves threatening to cause injury to a household member.
Under South Carolina law, a person is guilty of domestic violence 2nd degree if:
- They cause moderate injury to a household member;
- Their actions were likely to cause moderate injury; or
- They committed the act with specific aggravating circumstances, such as the presence of a child or violating a protection order.
A household member can include:
- A spouse or former spouse
- A person with whom a child is shared
- Someone who lives with you or has lived with you in the past
- Same-sex partners are included under this definition as well.
Is Domestic Violence 2nd Degree a Felony in SC?
No, domestic violence 2nd degree is not a felony in South Carolina. It is classified as a misdemeanor, but it is still a serious offense with significant penalties. The charge is prosecuted in general sessions court, and the penalties can include up to three years in prison and fines.
Although it’s not a felony, the potential consequences can severely impact your future, including employment, housing, and other personal opportunities.
Levels of Domestic Violence Charges in South Carolina
South Carolina law defines different levels of domestic violence charges, each with varying degrees of severity and legal consequences. Here’s a breakdown:
| Degree | What It Means | Maximum Jail Time | Notes |
| Domestic Violence 3rd Degree | Minor injury or no injury with no aggravating factors | 90 days | Misdemeanor |
| Domestic Violence 2nd Degree | Moderate injury or aggravating factors (e.g., a child witnesses it) | 3 years | Misdemeanor but serious |
| Domestic Violence 1st Degree | Serious injury or multiple aggravating factors | 10 years | Felony |
| Domestic Violence of High and Aggravated Nature (DVHAN) | Extreme harm or deadly conduct | 20 years | Felony |
How the Law Defines Moderate Injury
In domestic violence 2nd degree cases, moderate bodily injury refers to injuries that are more than minor, but not as severe as those in 1st-degree charges. This can include:
- Contusions (bruises)
- Lacerations (cuts or scrapes)
- Swelling or pain
These injuries must be substantial enough to be classified as “moderate” but not life-threatening.
Examples of Actions That Lead to 2nd Degree Charges
A person may be charged with criminal domestic violence 2nd degree if the following occur during an incident:
- A child witnesses the incident.
- The victim was pregnant at the time of the attack.
- The abuser interferes with breathing or restricts airways.
- The abuser violates a protection order or court order.
- The accused has a prior domestic violence conviction within the past 10 years.
These situations can make a charge more severe, even if the injury caused was not extreme.
Penalties for Domestic Violence 2nd Degree
If someone is convicted of domestic violence 2nd degree, the penalties can include:
- Up to 3 years in prison
- A fine between $2,500 and $5,000
- Probation or suspended sentences may be offered instead of prison time
- A permanent criminal record that can impact future opportunities
Given the severity of the charge and its penalties, it’s crucial to seek legal representation if facing such charges.
South Carolina Domestic Violence Laws: Key Points
Here are some important points to know about domestic violence laws in South Carolina:
- Charges Can Be Based on Threats: A domestic violence charge can be made based on threats of harm as well as actual physical injury.
- Protection Orders Are Key: Protection orders and no-contact orders are powerful tools used by the courts even before a trial begins.
- Long-Term Consequences: Domestic violence convictions can impact a person’s future, including employment, housing, and more.
- Impact on Child Custody: A domestic violence 2nd degree conviction may result in the loss of child custody or visitation rights.
Defenses to Domestic Violence 2nd Degree Charges
If you are facing domestic violence 2nd degree charges, you may have possible defenses to fight the charge. Some potential defenses include:
- Self-defense: If you acted in defense of yourself or others to prevent harm.
- False accusations: If the victim is lying or misrepresenting the facts.
- Lack of evidence: If the prosecution cannot prove that the injury or threat occurred.
A skilled attorney can help assess your case and identify possible defenses based on the facts of your situation.
Impact of Domestic Violence 2nd Degree on Child Custody
Domestic violence charges can severely impact child custody and visitation decisions. If you are a parent involved in a domestic violence case, the court will prioritize the safety of the children when deciding custody arrangements. A domestic violence 2nd degree conviction may result in:
- Restricted visitation rights
- Loss of custody
- A potential long-term impact on parental rights
It’s important to understand that any form of domestic violence can raise red flags in family law cases.
Resources for Victims of Domestic Violence
If you or someone you know is a victim of domestic violence, there are resources available for help:
- National Domestic Violence Hotline: Call 1-800-799-SAFE (7233) or visit www.thehotline.org
- South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVSA): Visit www.sccadvsa.org
- Local Shelters and Legal Aid: Seek out local shelters or legal services for protection and legal advice
Conclusion
Domestic violence 2nd degree is a serious misdemeanor under South Carolina law that can result in significant penalties, including prison time, fines, and a criminal record. Even though it’s not a felony, the charge has severe consequences that should not be taken lightly.
Understanding domestic violence charges, including the levels of domestic violence offenses and the potential penalties, is essential for anyone facing these charges or involved in a domestic violence case.
If you or someone you know is facing a criminal domestic violence 2nd degree charge, it’s crucial to speak with a skilled attorney who can help navigate the legal system and provide the best defense possible.
Domestic Violence 2nd Degree FAQs
1. What are the differences between domestic violence 2nd degree and 1st degree?
Domestic violence 1st degree involves serious injury or aggravating factors, while 2nd degree involves moderate injury or threats, with less severe penalties.
2. Can a domestic violence 2nd-degree charge be dropped?
Charges are typically prosecuted by the state, not the victim, so even if the victim wants to drop them, the case may continue.
3. What happens if you violate a protection order in a domestic violence case?
Violating a protection order can lead to additional criminal charges, increased penalties, and potentially longer prison sentences.
4. Can a domestic violence conviction be expunged in South Carolina?
Domestic violence convictions cannot typically be expunged in South Carolina, but you may be able to petition for a pardon after a period.
5. What is the penalty for a repeat domestic violence offender in South Carolina?
Repeat offenders face enhanced penalties, including longer prison sentences and potentially more serious charges like 1st degree or DVHAN.
6. What should I do if I’m falsely accused of domestic violence 2nd degree?
Contact an attorney immediately to defend yourself and gather evidence, such as witnesses or phone records, to prove your innocence.
Disclaimer: The information provided in this article is intended for general informational purposes only and is not a substitute for legal advice. If you are facing domestic violence charges or need help, please consult a licensed attorney in South Carolina.
