Bannister Wyatt & Stalvey, LLC are criminal domestic violence lawyers in Greenville. We represent people charged with domestic violence in Greenville County and throughout the surrounding region.
If you’re faced with domestic violence charges, you can fight these. Our attorneys are an experienced team devoted to the relentless representation of our clients.
We have been serving Greenville since 1976. When you’re facing domestic violence, you need – and you deserve – a strong defense. Our experienced team of criminal defense attorneys will pursue all possibilities to respond to the charges and defend your freedom, and your future.
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Consultation with a Domestic Violence Attorney in Greenville, SC
If you’re facing a domestic violence charge in Greenville, SC, the Bannister Wyatt & Stalvey team can begin representing you today. We are taking new cases, and we are dedicated to fully representing the interests of people charged with domestic violence.
For your free consultation and to start your case today, call or message us to begin.
What Is Domestic Violence in South Carolina?
Domestic violence in South Carolina is defined as:
- Causing physical harm or injury to a household member, OR
- Attempting to cause physical harm or injury to a household member and creating a reasonable fear of imminent peril.
Domestic violence is against the law in South Carolina. Offenses are categorized by degree based on severity.
Who counts as a household member?
A household member is a:
- Spouse
- Former spouse
- Person with a child in common
- Cohabitating partner
- Formerly cohabitating partner
Domestic Violence in South Carolina
S.C. Code § 16-25-10(B) – Domestic violence in the first degree
A person commits domestic violence in the first degree when one of the following is true:
- A victim sustains great bodily injury
- The act uses means likely to result in great bodily harm
- The offender violates a protection order while committing domestic violence, second degree
- The offender has two or more prior convictions for domestic violence in the last 10 years
- Use of a firearm is involved
- Second degree domestic violence occurs in the presence of a minor or a pregnant person
- Second degree domestic violence occurs during commission of robbery, burglary, kidnapping or theft, or the victim’s air flow is impeded
- Second degree domestic violence occurs and involves preventing a victim from accessing a communication device, like a phone, so the person can’t call for help
The law defines great bodily injury as an injury causing substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of bodily member or organ function.
Penalties
- Felony
- Up to 10 years in prison
S.C. Code § 16-25-10(C) – Domestic violence in the second degree
A person commits domestic violence in the second degree when one of the following is true:
- The household member sustains moderate bodily injury
- The act uses means likely to result in moderate bodily injury
- The offender violates a protection order while committing domestic violence, third degree
- The offender has one prior conviction for domestic violence in the last 10 years
- Third degree domestic violence occurs in the presence of a minor or a pregnant person
- Third degree domestic violence occurs during commission of robbery, burglary, kidnapping or theft, or the victim’s air flow is impeded
- Second degree domestic violence occurs and involves obstructing the victim’s access to a communication device, like a phone, so the person can’t call for help
The law defines a moderate bodily injury as an injury involving prolonged loss of consciousness, temporary or moderate disfigurement or loss of function requiring certain levels of medical treatment.
Penalties
- Misdemeanor
- Up to 3 years in prison and/or a $2,500-$5,000 fine
S.C. Code § 16-25-10(C) – Domestic violence in the third degree
A person who commits domestic violence without any aggravating factors in subsections (A) and (B) commits domestic violence in the third degree.
Penalties
- Misdemeanor
- Up to 90 days in prison and a $1,000-$2,500 fine.
S.C. Code § 16-25-62 – Domestic violence of a high and aggravated nature (DVHAN)
A person commits domestic violence of a high and aggravated nature when the following is true:
- They show an extreme indifference to human life and great bodily injury occurs
- They show an extreme indifference to human life and the circumstances would reasonably cause a person to fear great bodily injury or death
- The offender violates a protection order while committing domestic violence, third degree
The law explains circumstances that may evidence an extreme indifference to human life, including:
- Use of a deadly weapon
- Knowingly and intentionally obstructing the throat, neck, nose or mouth so the person is rendered unconscious
- Committing the offense in the presence of a minor or pregnant person
- Committing the offense during a robbery, burglary, kidnapping or theft
- Obstructing a victim’s access to a communication device, like a phone, so the person can’t call for help
Penalties
- Felony
- Up to 20 years in prison
Additional consequences for domestic violence
Any domestic violence conviction may result in:
- Fines
- Rehabilitation programs, probation, parole and supervision of the court
- Restitution
- A criminal conviction on your record
- Immigration consequences
- Enhanced charges if you face additional charges in the future
While most criminal domestic violence charges are considered a misdemeanor in South Carolina, someone convicted of criminal domestic violence may experience loss of employment or resistance from future employers. In addition, criminal domestic violence can prohibit an individual from possessing a firearm. A charge or conviction can also have adverse consequences in a divorce action or child custody case.
As you prepare to respond to domestic violence charges, it’s important to understand all the ways that a conviction may affect you. There may be consequences in the future that you had not anticipated.
As your lawyers, we make sure you consider everything that’s important and fully understand what you are facing as we assist you in defending against domestic violence charges.
Fighting Domestic Violence Charges in South Carolina
Possible defense to domestic violence charges in South Carolina include:
- The other person is not telling the truth
- Witnesses are mistaken or misinformed
- There is no household relationship between the parties
- Great or moderate bodily injury did not occur
- Self-defense, the person charged was not the aggressor
- What happened was an accident
- The physical contact between parties was consensual
- The defendant doesn’t have the prior convictions alleged, or aggravating circumstances are not present
- Police gathered evidence in violation of your constitutional rights
As your lawyers, we look at all possibilities to defend against the charges. You have the right to a trial, and we can represent you at a trial. Our team will prepare a strategy based on the specific circumstances of your case.
Can domestic violence charges in South Carolina be dismissed before trial?
The solicitor or prosecutor can dismiss domestic violence charges before trial. Charges may be dismissed for various reasons including the court suppressing evidence obtained in violation of your rights or the solicitor no longer believing their case has merit or is likely to succeed at trial.
As part of your representation, we explore the possibility of having the charges dismissed early in the proceedings. It’s important to have a legal strategy and calculate your approach. You don’t want to say things that can be used against you or give your defense strategies away. Our lawyers can consider how to best approach the case in preliminary stages and advocate for your interests.
FAQs About Domestic Violence Charges in South Carolina
Where are domestic violence cases heard in South Carolina?
Most domestic violence cases in South Carolina are heard in the General Sessions Court. Third-offense charges may be heard in the General Sessions, magistrate or municipal courts.
Is someone charged with domestic violence eligible for pretrial intervention?
A person charged with domestic violence in the third degree is eligible for pretrial intervention.
Can a person charged with domestic violence receive a suspended sentence in South Carolina?
Yes. A suspended sentence with probation is possible for a domestic violence conviction in South Carolina. Depending on the degree and severity of the offense, the court may condition the suspension on completing a domestic violence intervention program and other conditions and requirements.
What are lesser included offenses in South Carolina domestic violence charges?
If a person is charged with a more serious domestic violence charge, they may be found guilty of a less-serious charge that includes all the same elements.
For example, say someone is charged with domestic violence in the second degree because of an allegation of a moderate bodily injury. The jury believes that they committed domestic violence, but they do not believe that the injuries were serious. The jury may convict the person of domestic violence in the third degree because all the elements of third-degree domestic violence are included in second-degree charges except for moderate bodily injury.
Another example of a lesser included offense is assault and battery. If the jury believes that a battery occurred, but they don’t believe that a household relationship existed, they may find the defendant guilty of assault and battery rather than domestic violence in the third degree.
If you’re facing domestic violence charges, you should understand that you must defend against lesser included offenses that apply. When you have a lawyer, they can help you understand lesser included offenses and prepare to address them in your defense.
Can domestic violence charges be expunged in South Carolina?
If the charges against you are dismissed, or if you’re found not guilty at trial, the court should automatically expunge the charges against you. You should follow up to make sure it’s taken care of. In addition, a first offense domestic violence, third degree conviction may be expunged from a person’s criminal record after five years. The person must make a request for expungement.
Can you have a lawyer represent you in domestic violence sentencing?
Yes. You can – and you absolutely should – have a lawyer represent you in domestic violence sentencing. Domestic violence charges in South Carolina carry a wide range of potential penalties. Some of them have the possibility of decades in prison.
How your lawyer presents your case at sentencing can significantly impact the penalties you receive. Beginning before your sentencing hearing, your lawyer can help you gather evidence of your contributions to the community including character statements, proof of education or counseling you have completed, your work history and other things that may have a positive influence on your sentence. You should begin working with a lawyer as soon as possible when you are facing domestic violence charges, and you can have a lawyer represent you at any stage in the case.
Consultations Available – Talk to a Greenville Domestic Violence Defense Lawyer Now
We hold ourselves to the highest standards because that’s the defense that you deserve. How you fight against domestic violence charges can impact you in the years to come. We are here to fight for you and with you. Our team can begin representing you immediately.
Get Your Case Consultation
Contact Bannister, Wyatt & Stalvey Now
Free consultations are available. Talk to a Greenville domestic violence defense lawyer about how we can assist you. Contact us now.
