Protecting Your Rights When Accused Of Domestic Violence
Get familiar with your legal options so you can achieve the best outcome possible.
Criminal accusations involving domestic violence are treated very seriously by the state of South Carolina. While the details of each offense vary widely from case to case, one thing remains certain: your rights are on the line when you are charged with domestic violence.
In these circumstances, it can be difficult to know where to turn or how to achieve resolution. However, if you take the right legal steps, you’ll be able to navigate the complexities of your case with knowledge and clarity. But where do you begin? By consulting with an adept domestic violence crime lawyer, you’ll gain personalized insight on how to proceed the right way…
No matter what the offense may be, everybody is entitled to legal counsel. However, making the right choice for representation can make or break your chances of success. For this reason, it is critical to work alongside a professional who specializes in the area of law you are being prosecuted for.
Domestic violence defense attorneys possess a unique set of skills that enable them to meticulously analyze your situation and make quick and calculated decisions to move forward with. All along the way, they ensure your rights are protected – always ensuring your best interests are cared for.
From negotiating with prosecutors to exposing inconsistencies in evidence, a competent criminal defense lawyer plays an invaluable role in any domestic violence case.
How Does South Carolina Categorize Domestic Violence Offenses?
There are four degrees of domestic violence that South Carolina uses to categorize the severity of the alleged act. Factors such as prior convictions and other aggravating actions can either increase or decrease the severity of the offense. Domestic violence charges are broken down as follows:
- Domestic Violence in the Third Degree: This is the least severe of all charges and involves causing or attempting to cause harm to a member of one’s household. It is recognized as a misdemeanor that is punishable by up to 90 days in jail and/or fines.
- Domestic Violence in the Second Degree: As a more serious charge, this applies to acts that resulted in moderate bodily injury occurring in front of a minor or violation of an existing restraining order. If convicted, the defendant can face up to three years in prison, along with potential fines.
- Domestic Violence in the First Degree: This is a felony offense that applies if the defendant has prior convictions, caused great bodily injury, or used a firearm. A conviction carries up to ten years in prison.
- Domestic Violence of a High and Aggravated Nature (DVHAN): These cases are the most severe and violent of all DV cases, as they are usually life-threatening and/or involve a deadly weapon. Convictions can lead to a twenty-year prison sentence.
How A Criminal Defense Lawyer Can Help In Domestic Violence Cases
Experienced criminal defense lawyers serve as vital legal advocates for those accused of domestic violence. They can assist by:
- Negotiating with Prosecutors: A lawyer can seek alternative sentencing, reduced charges, or dismissal by demonstrating weaknesses in the prosecution’s case.
- Challenging Evidence: Attorneys may scrutinize witness statements, police reports, and physical evidence to highlight inconsistencies of violations of constitutional rights.
- Build Strong Defenses: The most effective defense approaches include self-defense, lack of evidence, false accusations, or errors in police procedures.
- Protection of Rights: Legal representation facilitates the following of due process, preventing coercion or unfair treatment from occurring.
- Minimizing Repercussions: If a conviction is inevitable, a lawyer may find alternatives to jail time, including probation, reduced sentencing, or rehabilitation programs.
No matter what the nature of your situation may be, having the right legal defense is critical. Your future is on the line, and the best way for you to mitigate domestic violence charges is to hire an attorney who is able to institute these strategies efficiently and effectively.
Sahn Law Firm – Attorneys At Law: We Fiercely Defend Those Charged With Domestic Violence
Your trusted Charleston, SC criminal law professionals.
Sahn Law Firm – Attorneys at Law is pleased to provide our services to Charleston, Daniel Island, and the rest of South Carolina. We understand the gravity of facing domestic violence charges, and we’re here to ensure you have access to the legal defense you deserve.
Don’t take on the burden of your criminal case alone – entrust your future to a firm offering more than 24 years of combined experience.
Are you ready to get started with a proactive legal plan? Call (843) 856-2222 for a free assessment of your needs today!
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