Domestic Violence Defense Lawyer in Conway, SC
Domestic violence (CDV) is undeniably an issue that needs to be addressed in South Carolina, Myrtle Beach, and nationwide. Law enforcement, courts, and prosecutors no longer look the other way when there are allegations of domestic violence.
The pendulum has swung so far, in fact, that a large part of the domestic violence problem in our state now is that the net has been cast so wide that thousands of innocent persons are caught in it each year.
Over the years, domestic violence became a politically charged issue as publicity increased through victim’s rights organizations. New funding earmarked for domestic violence arrests and prosecutions resulted in new prosecution positions created expressly for CDV cases.
Because funding is not justified without arrests and prosecutions, we have seen a dramatic increase in domestic violence arrests along with a reluctance to dismiss cases. Johnny Gardner Law regularly helps people who have been caught in the domestic violence net.
We understand the issues involved in domestic violence prosecutions and we know how to defend these cases.
Degrees of SC Domestic Violence Charges
South Carolina domestic violence laws require that a person must be married to, live with, or have a child in common with the alleged victim.
The most recent amendments to SC’s domestic violence laws created four categories of domestic violence – 3rd degree, 2nd degree, 1st degree, and high and aggravated (CDVHAN or DVHAN). The penalties range from up to 90 days for the least serious charge of domestic violence 3rd degree to 20 years in prison for CDVHAN. The differences between each are defined by the degree of violence or other aggravating factors, and the common thread is that the aggressor injured or threatened to injure the alleged victim.
Important to Know . . .
What do you do if you or your significant other is charged with an unjustified domestic violence offense? If you go to court as the alleged victim and your intent is to get the prosecutor to drop the charges, you should know that instead you may be raked over the coals as the prosecutor tries to save their case.
If you are an alleged victim who does not want your case to be prosecuted, contact an experienced domestic violence defense lawyer before the initial court date and before attempting to have law enforcement or prosecutors dismiss the case.
Any person convicted of domestic violence is barred from possessing a gun or obtaining a concealed weapon permit (CWP) under federal and state law.
When the alleged victim does not appear in court, the state does not automatically dismiss the case.
If the arresting officer does not appear in court, the state does not automatically dismiss the case.
Unless your attorney advises you otherwise, you must request a jury trial prior to the court date for a domestic violence 3rd degree or risk being found guilty at a bench trial with no jury.
South Carolina domestic violence law does not require physical injury for a person to be arrested and prosecuted. It is enough to simply threaten the alleged victim.
- Criminal Defense
- Murder/ Homicide
- Drug Crimes
- Property Crimes
- Traffic Offenses
- If you are Under Investigation
Contact Johnny Gardner Law Now
If you or your loved one has been charged with CDV in the Myrtle Beach, Conway, or Horry County area, call Johnny Gardner Law today to find out how we can help.