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DOMESTIC VIOLENCE

South Carolina Criminal Domestic Violence - CDV - §16-25-20

and

Criminal Domestic Violence of a High and Aggravated Nature - CDVHAN

 

In South Carolina, Criminal Domestic Violence or CDV is defined as physically harming or threatening to physically harm a household member.

 

The maximum possible punishment for CDV in South Carolina:

 

1st Offense - up to thirty days in the county jail

2nd Offense - mandatory minimum of thirty days up to one year

3rd Offense - mandatory minimum of one year up to five years

4th Offense - 1 year mandatory minimum up to 5 years in South Carolina Department of Corrections

 

If the allegations of CDV also involve the use of a deadly weapon or serious bodily injury, then the State will likely charge the person with Criminal Domestic Violence of a High and Aggravated Nature or CDVHAN.  In South Carolina, CDVHAN is a felony and carries a mandatory minimum of 1 year up to 10 years in prison.

 

If you are charged with Criminal Domestic Violence, call Steve Hisker for a free consultation  before making a statement to police or going to court without an attorney.

 

It is important that you contact Steve Hisker before you appear in Family Court for an Order of Protection.  If you appear without an attorney, your statements will be used against you later in criminal court.  Also, Steve Hisker will be able to cross examine the complaining witness to elicit inconsistent testimony and weaknesses that we can use to defend you later. 

 

If your CDV goes to trial, Steve Hisker will vigorously cross examine each witness to expose the weaknesses of their testimony.

 

            ·         Did the complainant make inconsistent statements about the incident?

            ·         Is the complainant attempting to gain an advantage in a divorce or child custody case?

            ·        Was the complainant the primary aggressor?

Did the witness tell the 9-1-1 operator something different than the police?

Did the police officer prompt the witness to make certain statements?

 

If convicted you will lose your right to carry or possess a firearm.

 

Conviction for 2nd offense CDV will remain on record for LIFE.

Domestic Violence Blog