DV 3rd, 2nd & 1st | What's The Difference?

Domestic Violence Defense Contact Our Firm to Begin Working Toward A Solution Request a Consultation What is the difference between a DV 3rd Degree, 2nd Degree and 1st Degree?

Domestic Violence Degrees

South Carolina currently has four separate domestic violence charges. While there are many similarities, there are many important differences too.

Similarities Between Charges

• All South Carolina domestic violence charges are criminal charges, brought by the state.
• No specific charge requires a prior conviction for domestic violence
• No charge requires any actual physical injury
• There must be a household member relationship between the defendant and alleged victim. This includes spouse, former spouse, people with children together, or those who have romantically lived together.
• Prosecutors generally apply a “No Drop” policy, not dismissing cases at the request of the alleged victim. This does not however prevent dismissals for cause, not-guilty verdicts, favorable reductions, or pre-trial intervention (PTI)
• No-contact bond restrictions can prevent any contact with the defendant and alleged victim during the pendency of the case
• A conviction results in both a criminal record (damaging for background and employment purposes), loss of 2nd amendment rights, as well as sentencing by the court
• Anyone charged has a right to retain counsel and object to the charge

Possible Maximum Sentence

DVHAN - Twenty Years DV 1st - Ten Years DV 2nd - Three Years DV 3rd - Ninety Days

Felony Charges

DV 1st Degree DVHAN

Misdemeanor Charges

DV 3rd Degree DV 2nd Degree

General Sessions Only

DVHAN DV 1st Degree DV 2nd Degree

Magistrate\Municipal Court Eligible

DV 3rd Degree (but prosecuted in General Sessions in some counties)

• Appeal a CDV Conviction
• DVHAN
• Women & CDV
• DV 2nd Degree
• DV 3rd Degree
• Difference Between DV 3rd, 2nd & 1st
• Domestic Violence and Kidnapping

• Case Dismissed 1st Degree Domestic Violence
• Not Guilty 1st Degree Sexual Conduct with a Minor
• Reckless Driving 2 Counts Felony DUI with Great Bodily Injury
• Warrant Dismissed 20 Year-Old Felony Arrest Warrant
• Charges Dismissed 2nd Degree Domestic Violence

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