Greenville Domestic Violence Defense Attorney

DV Defense Lawyers serving Greenville County, SC and Surrounding Areas

Domestic violence, often called “DV,” is a serious criminal offense under South Carolina law. Defined by S.C. Code § 16-25-10, it involves causing physical harm or the threat of harm to a household member—such as a spouse, former spouse, cohabitant, or someone with whom the accused shares a child. Charges can range from assault and battery to more severe allegations like kidnapping and murder. If you have been charged with domestic violence, you need a domestic violence attorney in Greenville to defend your rights and protect your future.

At Thomas J. Adducci Law Firm, our Greenville domestic violence defense attorney brings extensive courtroom experience to every case. We’ve successfully represented clients in Greenville County courts, offering strategic, results-driven defense tailored to your circumstances. Whether you are facing a misdemeanor or felony DV charge, our legal team will guide you through every step, ensuring your rights are fully protected.

It’s time to get started. Call our Greenville domestic violence attorneys at (864) 479-4973 or contact us online for a free consultation today.

How Can a Domestic Violence Defense Attorney Help Me?

If you are facing allegations of domestic violence in Greenville, a domestic violence lawyer can provide indispensable support and representation. The complexities of these cases demand specialized legal knowledge and a strategic approach to secure the best possible outcome for the accused. Here are several crucial ways our domestic violence defense attorneys can assist you:

• Legal Representation & Guidance: From the moment you are charged, a domestic violence defense attorney will guide you through the legal process, ensuring you understand your rights and options. They will represent you in court, during negotiations, and in any interactions with law enforcement or prosecutors. Their expertise can help you navigate the often-intimidating legal system, reducing stress and confusion. Additionally, they provide continuous updates and advice tailored to your unique circumstances.
• Thorough Case Investigation: Your attorney will conduct a thorough investigation of the charges against you. This includes gathering and analyzing evidence, interviewing witnesses, and seeking out any inconsistencies or weaknesses in the prosecution’s case. By building a solid defense, your attorney can challenge the validity of the accusations and work towards a favorable outcome. Leveraging their network, attorneys can access resources that might not be readily available otherwise, ensuring no stone is left unturned.
• Protection of Your Rights: A domestic violence defense attorney will ensure that your constitutional rights are protected throughout the legal process. They will make sure you are not subjected to unlawful searches, coerced confessions, or any other violations of your legal rights. This vigilance is crucial in preventing unfair treatment and ensuring a just process.
• Strategic Negotiation & Plea Bargaining: In some cases, it may be beneficial to negotiate a plea deal with the prosecution. An experienced attorney will be skilled in negotiation tactics and can work to secure a plea bargain that minimizes the impact on your life. This might involve reduced charges or lighter sentencing, depending on the specifics of your case. Their negotiation skills can often lead to outcomes that significantly mitigate potential penalties.
• Trial Preparation & Defense: If your case goes to trial, your attorney will be your advocate in court. They will prepare a compelling defense strategy, present evidence, cross-examine witnesses, and argue on your behalf. Their courtroom experience and knowledge of domestic violence laws are invaluable in building a strong defense and aiming for an acquittal or reduced penalties. Intensive preparation includes mock trials and scenario planning to anticipate prosecution strategies.

What Are The Penalties For Domestic Violence in South Carolina?

South Carolina takes domestic violence cases exceptionally seriously, and state laws reflect this commitment. In Greenville County, local courts strictly adhere to the South Carolina Domestic Violence Reform Act of 2015, which significantly updated penalties and judicial recommendations to aggressively reduce domestic violence occurrences. Our firm stays abreast of these changing laws to provide you with informed and contemporary defense strategies. Whether dealing with magistrate or circuit courts, understanding the local legal nuances can be critical to the strategy we deploy at Thomas J. Adducci Law Firm.

In South Carolina, the penalties for domestic violence depend heavily on the specific degree of the charge, the severity of the crime, and any prior criminal history of the defendant. Understanding these potential penalties is crucial for evaluating the seriousness of the charges you face and strategizing an effective defense.

The State of South Carolina divides domestic violence offenses into four categories:

• Domestic violence
  • 3rd degree: The least severe domestic violence charge, typically charged as a misdemeanor.
  • 2nd degree: A more serious misdemeanor offense.
  • 1st degree: Typically charged as a felony, though certain cases may be prosecuted as misdemeanors depending on circumstances and prior history.
• Domestic violence of a high & aggravated nature (DVHAN)
• Trespass on a domestic violence shelter
• Violation of protection orders (or restraining orders)

Domestic violence charges include any crime wherein the accused allegedly caused or threatened harm to a member of their family or household. Domestic violence of a high & aggravated nature involves the use of a deadly weapon or credible threat of serious bodily harm or death. Trespass on a domestic violence shelter is a misdemeanor charge applied to any person charged or convicted with domestic violence who enters a DV shelter where their family member is located. Violation of restraining or protection orders is self-explanatory: a misdemeanor charge levied against any offender who violates the terms of their protection or restraining order.

First-time and second-time domestic violence arrests are typically charged as misdemeanors. The first offense is punishable by up to 30 days in jail and a fine of up to $2,500; the second offense is punishable by up to a year in jail and $5,000 in fines. For first-time offenders, the court may suspend the sentence if the offender completes a batterer’s intervention program. However, subsequent offenses will be charged as felonies with up to five-year prison sentences. In more severe cases, penalties escalate significantly, requiring tailored defense strategies to potentially reduce sentencing.

Penalties for domestic Violence - 3rd degree (Misdemeanor)

This charge typically applies when the accused causes or attempts to cause physical harm to a household member, or threatens harm with the apparent ability to carry it out. It is the least severe domestic violence charge, often filed in cases involving first-time offenders and minor injuries. Penalties may include:

• Up to 90 days in jail, OR
• A fine between $1,000 and $2,500.

For first-time offenders, the court may suspend the sentence if the offender completes an approved batterer's intervention program.

Penalties for Domestic Violence - 2nd Degree (Misdemeanor)

Second-degree domestic violence is charged when certain aggravating factors are present. These can include a prior domestic violence conviction within the last 10 years, moderate bodily injury to the alleged victim, the presence of a minor during the incident, use of strangulation or attempted strangulation, or violation of a protection order during the offense. Even without serious physical injury, these factors elevate the charge to the second degree. Penalties may include:

• Up to 3 years in prison, OR
• A fine between $2,500 and $5,000

Penalties for domestic violence - 1st Degree (Felony)

Domestic violence in the first degree is typically charged as a felony, though in some cases it may be prosecuted as a misdemeanor based on the severity of the conduct and the defendant’s prior history. This charge applies when the accused causes great bodily injury, uses a deadly weapon, has two or more prior domestic violence convictions within 10 years, or commits the offense in violation of a protection order while causing serious harm or creating a substantial risk of death. Penalties may include:

• Up to 10 years in prison

Penalties for Domestic Violence of a High & Aggravated Nature (DVHAN)

DVHAN is the most serious domestic violence offense in South Carolina and is always charged as a felony. It involves conduct that demonstrates extreme indifference to human life, such as using a deadly weapon, causing great bodily injury, or making a credible threat of death or serious harm. These cases often involve additional charges or enhancements and require a meticulous, high-stakes defense. Penalties may include:

• Up to 20 years in prison. 

These charges reflect the utmost seriousness with which South Carolina treats threats to personal safety and necessitate a comprehensive defense approach aligned with stringent state statutes.

Penalties for Trespass on a Domestic Violence Shelter

Trespass on a domestic violence shelter is a specific charge applied to any person charged or convicted with domestic violence who enters a DV shelter where a family or household member is located. Penalties may include:

• Up to 3 years in prison. However, if the alleged trespasser possesses a weapon during the trespass, the charge elevates to a felony, punishable by:
• Up to 5 years in prison AND fines up to $5,000. 

Understanding these penalties can greatly impact defense tactics, particularly when evaluating plea options and defense narratives in court.

Penalties for Violation of a Protection Order

Violating a protection order, including restraining orders and Orders of Protection, is a misdemeanor under South Carolina law. These orders must be taken seriously, even if the protected party initiates contact. The court may also impose contempt of court charges in addition to the criminal violation. Penalties may include:

• Up to 30 days in jail and/or
• A fine of up to $500

If held in contempt of court:

• Up to 1 year in jail
• A fine of up to $1,500

Understanding the penalties you may face is the first step in preparing a strong legal defense. Every case is different, and the consequences can be life-altering. That’s why having a knowledgeable Greenville domestic violence defense attorney by your side is essential. We will evaluate the charges against you, identify the best legal strategies, and fight to minimize or eliminate the penalties wherever possible.