What you need to know about criminal domestic violence:
Criminal Domestic Violence cases can stem from verbal altercations between spouses to actual physical violence between family members. South Carolina defines Criminal Domestic Violence as inflicting harm, attempting to inflict harm, or threatening to inflict harm on a household member. The range and scope of these cases have grown to involve more than just physical harm and it may also include non-violent harm and abuse.
No matter the severity of the situation, all Criminal Domestic Violence convictions impact the accused in countless ways. These consequences can seriously affect the way in which you live your life and interact with loved ones.
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While Criminal Domestic Violence is 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.
What Are the Defenses to a Claim of Domestic Violence?
In South Carolina, domestic violence is taken very seriously and is currently being prosecuted in a very aggressive manner.
Some people will try to use a domestic violence claim to damage your life if you’re having a dispute with that person. If you are facing a domestic violence charge in South Carolina, you need one of the aggressive criminal domestic violence defense attorneys at the Greenville, South Carolina law firm of Bannister, Wyatt & Stalvey, LLC.
Some of the most common defenses to a criminal domestic violence charge include, but aren’t limited to:
- False Accusation: This common defense is used to try to prove the charges brought against you are false. In such situations as a divorce or child custody battle, it isn’t uncommon for someone to make a false claim of domestic violence out of spite or anger.
- Lack of Evidence: Many South Carolina domestic violence cases don’t have enough proof and this can be one of the strongest defenses you can use. You can’t be convicted if there isn’t enough evidence to show you actually committed the crime. It’s important to note that many times, the testimony of the accuser can be an extremely powerful piece of evidence.
- Self–Defense: If your South Carolina attorney argues self-defense, this may be an effective way to defend you, as long as it can be proved. Your South Carolina criminal defense attorney has to prove that you were facing an imminent threat of violence and that your response was appropriate.
- Violence Was Accidental: While this defense is very rarely successful, it can be effective if it applies to your individual situation. Your South Carolina criminal defense lawyer has to prove that your violent act was not malicious in nature or intentional.
- Violence Was Extremely Minor: Using this defense depends on the circumstances of your individual case. Your South Carolina criminal defense attorney may argue that the physical harm you caused was so minor that it can’t be considered criminal behavior.
If I Go to Trial, Will You Know How to Cross-Examine Any Witnesses?
The Greenville, South Carolina criminal defense attorneys at Bannister, Wyatt & Stalvey, LLC has the knowledge and skill to properly cross-examine any witnesses. We will:
- Check for any inconsistent statements made by the person who made the complaint.
- Was your accuser trying to get an advantage in a child custody or divorce case?
- Was your accuser really the primary aggressor?
- Did any witness give 9-1-1 and law enforcement conflicting statements?
- Did law enforcement prompt any of the witnesses to say certain things?
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What’s Next?
Criminal Domestic Violence cases require the assistance of a criminal defense attorney who is experienced in handling this type of case. The criminal defense attorneys at Bannister, Wyatt & Stalvey are not only qualified but are here to guide you through your proceedings. Each Criminal Domestic Violence case is unique, so set up a free consultation with our firm. We can walk through your case and what options you have to avoid a conviction and maintain your record. Call our office at (864) 523-7738 or request an appointment online.
