Domestic Violence Charges in South Carolina

Domestic Violence (DV) is one of the most aggressively charged crimes in South Carolina. Lawmakers have recently updated these statutes making a wide range of penalties for DV. Prosecutors and law enforcement also receive state and federal funding tied to domestic violence arrests and convictions. If you are accused of domestic violence in Columbia, Myrtle Beach, Lexington, or anywhere in South Carolina, it is critical to understand the charges you are facing and how a skilled defense lawyer can help protect your rights.

What Is Considered Domestic Violence in South Carolina

Under South Carolina law, domestic violence occurs when a person:

• Causes physical harm or injury to a household member, or
• Attempts or offers to cause physical harm, with the present ability to do so, in a way that creates a reasonable fear of imminent danger.

A household member includes a spouse, former spouse, people who share a child, or people who live (or have lived) together.

Domestic violence charges are classified by degrees or, in the most serious cases, as Domestic Violence of a High and Aggravated Nature (DVHAN).

Degrees of Domestic Violence in SC

Domestic Violence, Third Degree

• Penalty: Up to 90 days in jail.
• Elements: Any act of causing, attempting, or offering to cause harm to a household member.
• Alternatives: If you have no prior record, you may qualify for Pretrial Intervention (PTI), which can lead to dismissal and expungement. Courts may also suspend jail time if you complete a domestic violence intervention program.
• Expungement: Possible after 5 years, if no other convictions.

Domestic Violence, Second Degree

• Penalty: Up to 3 years in prison.
• Circumstances that elevate the charge include:
  • Causing or attempting to cause moderate bodily injury
  • Violating a protection order
  • A prior DV conviction in the last 10 years
  • Offense committed in the presence of a minor, against a pregnant victim, during another crime (robbery, burglary, kidnapping, theft), by choking, or by preventing the victim from calling for help.

Domestic Violence, First Degree

• Penalty: Felony, up to 10 years in prison.
• Circumstances that elevate the charge include:
  • Great bodily injury (or risk of it)
  • Violating a protection order while committing DV 2nd degree
  • Two or more prior DV convictions within 10 years
  • Use of a firearm
  • Offense committed under aggravating circumstances (presence of a minor, pregnant victim, other felony crime, choking, or blocking communication).

Domestic Violence of a High and Aggravated Nature (DVHAN)

• Penalty: Felony, up to 20 years in prison.
• Definition: Causing or attempting to cause harm under circumstances showing extreme indifference to human life-where the victim suffers great bodily injury or reasonably fears death or great bodily injury.
• Examples include:
  • Use of a deadly weapon
  • Choking causing loss of consciousness
  • Offense committed in presence of a minor
  • Victim pregnant
  • Committed during robbery, burglary, kidnapping, or theft
  • Preventing access to phone or computer for help.

Which Court Handles Domestic Violence Cases in SC?

• DV 3rd Degree: Typically heard in South Carolina’s specialized domestic violence courts (including Horry and Richland counties).
• DV 1st, 2nd, or DVHAN: Heard in General Sessions Court as felony cases.

Firearm Rights and Domestic Violence Convictions

A domestic violence conviction in South Carolina-at any level-will result in loss of firearm rights under state and federal law.

Even if a charge is reduced to assault and battery 3rd degree, firearm restrictions still apply if the alleged victim was a household member.

While some convictions may eventually be expunged (DV 3rd degree after 5 years; assault and battery after 3 years), a pardon is often the only way to restore your gun rights.

Can a Domestic Violence Conviction Be Expunged in South Carolina?

• DV 3rd Degree: Eligible for expungement after 5 years with no other convictions.
• Other DV convictions: Not automatically expungeable, but some options may exist depending on the facts of your case.

Your defense attorney can evaluate eligibility for expungement, PTI, or alternative sentencing programs.

The Reality of Domestic Violence Arrests in SC

Police often feel pressure to make an arrest when responding to a domestic call. Although the law requires them to identify the primary aggressor, some officers arrest both parties or claim “someone has to go to jail.”

This means that innocent people-or victims themselves-can end up charged with a crime they did not commit.

At Thompson & Hiller Defense Firm, we regularly defend clients who were wrongfully accused of domestic violence or charged under unfair circumstances.

Why Choose Thompson & Hiller for Domestic Violence Defense?

• Local Experience: We defend clients in Columbia, Myrtle Beach, Lexington, and across South Carolina.
• Knowledge of the System: Our attorneys understand how DV courts, prosecutors, and judges operate.
• Focused Defense: We fight to protect your freedom, your reputation, and your constitutional rights.

Contact a South Carolina Domestic Violence Defense Lawyer

If you are facing domestic violence charges-or if your spouse or loved one has been wrongfully accused-contact the Thompson & Hiller Defense Firm today.

📞 Columbia Office: (803) 724-8916
📞 Myrtle Beach Office: (843) 444-6122

Or Contact Us Online.