Domestic Violence Lawyer in Myrtle Beach, SC

Need a domestic violence lawyer in Myrtle Beach, SC?

South Carolina’s domestic violence (DV), or criminal domestic violence (CDV) laws, seem to get harsher each year as our state’s politicians compete to see who can be the most “tough on crime” candidate in the next election to win the support of law enforcement and victims’ rights groups.

Each year, more and more citizens are caught in the “wide net” cast by law enforcement. We see defendants who were arrested because “someone has to go to jail,” because a neighbor reported that they were fighting, because a drunken spouse wanted to “get even” by making a false report, and we have seen several cases where police arrested the victim in a domestic violence incident.

Why? It’s politics, pure and simple. Did you know that domestic violence arrests and prosecutions is a multi-million-dollar enterprise?

For example:

1. Solicitor’s offices are awarded grant money to fund domestic violence prosecutions,
2. Police departments are awarded grant money to fund domestic violence arrests, and
3. Victim’s rights groups are awarded grant money that, in some cases, is used to lobby for more grant money and harsher domestic violence laws?

If you have been accused of DV, you need an experienced Myrtle Beach domestic violence lawyer on your case as soon as possible, because there is a trained prosecutor on the other side of your case – often a “true believer” who wants to see you 1) in jail or 2) with a domestic violence conviction on your criminal record.

An Horry County Domestic Violence Lawyer Who Cares

At the Surfside Beach, SC, domestic violence defense law firm of Daniel A. Selwa, Attorney at Law, we understand that domestic violence charges can happen to anyone – no matter your background or standing in the community, Horry County police will take you to jail if someone accuses you of domestic violence.

We also understand the stigma that is associated with the accusation of spousal abuse, and our goal is always to 1) get your case dismissed or win your case at trial and 2) get the record of your arrest record expunged.

When you call our domestic violence defense law office for help with your DV charges, we will:

• Meet with you to learn about your case and your situation,
• Answer your questions about your case and domestic violence law in SC,
• Request a jury trial if your case is in the magistrate or municipal court,
• Obtain all evidence the state intends to use against you as well as any exculpatory evidence in their possession,
• Locate and interview any potential defense witnesses,
• Identify and research the potential legal issues in your case,
• Draft and file any motions to dismiss or suppress evidence,
• Assist you in locating and retaining any experts that are needed for your defense,
• Negotiate with the prosecutor on your behalf to get your charges dismissed or to find an acceptable resolution, and
• Try your case to a jury if the charges are not dismissed or an agreement is not reached.

Domestic Violence Third Degree

The degree of domestic violence that a person is charged with depends on the severity of injuries suffered by the alleged victim and the number of prior convictions the person has for domestic violence.

The elements and penalties for first, second, and third degree domestic violence charges are found in SC Code § 16-25-20.

Third-degree domestic violence requires proof that a person:

• Caused physical harm to a household member (battery), or
• Offered or attempted to cause physical harm to a household member (assault).

A conviction for domestic violence 3^rd degree carries up to 90 days in jail.

Domestic Violence Second Degree

Second-degree domestic violence requires proof that the person committed third-degree DV and:

• There was or could have been “moderate bodily injury,”
• The person was violating an order of protection at the time of the incident,
• The person has a prior conviction for domestic violence within the past 10 years; or

One of the following:

• The offense was committed in the presence of a minor,
• The alleged victim was pregnant,
• The offense was committed during a robbery, burglary, kidnapping, or theft,
• The alleged victim was choked, or
• The person prevented the alleged victim from accessing their cell phone or computer to call for help.

A conviction for domestic violence second degree carries up to three years in prison.

Domestic Violence First Degree

First-degree domestic violence requires proof that the person committed third-degree DV and:

• There was or could have been “great bodily injury,”
• The person was violating an order of protection at the time of the incident,
• The person has two or more prior convictions for domestic violence within the past 10 years; or

One of the following:

• The offense was committed in the presence of a minor,
• The alleged victim was pregnant,
• The offense was committed during a robbery, burglary, kidnapping, or theft,
• The alleged victim was choked, or
• The person prevented the alleged victim from accessing their cell phone or computer to call for help.

A conviction for domestic violence first degree carries up to ten years in prison.

Domestic Violence of a High and Aggravated Nature (DVHAN)

The elements and penalties for domestic violence of a high and aggravated nature (DVHAN) are found in SC Code § 16-25-65.

DVHAN requires proof that the person committed third-degree DV and:

• There were “circumstances manifesting extreme indifference to the value of human life,” and great bodily injury or the reasonable fear of great bodily injury or death, or
• The person was violating an order of protection while committing first-degree domestic violence.

“Circumstances manifesting extreme indifference to the value of human life” could mean:

• The offense was committed in the presence of a minor,
• The alleged victim was pregnant,
• The offense was committed during a robbery, burglary, kidnapping, or theft,
• The alleged victim was choked and lost consciousness, or
• The person prevented the alleged victim from accessing their cell phone or computer to call for help.

A conviction for domestic violence high and aggravated carries up to twenty years in prison.