Any altercation between family or household members could result in domestic violence charges, even if no one sustained any major physical injuries. Further, you could potentially serve time in jail, even if you are only charged with misdemeanor domestic violence. Protect yourself by contacting a Goose Creek domestic violence lawyer.
Representing yourself or dealing with a public defender might not produce a satisfactory outcome. Retaining an attorney in the Mount Pleasant, North Charleston, or Summersville area could provide a means to obtain the assistance you need to fight a domestic violence charge.
Degrees of Domestic Violence in Goose Creek
Domestic violence occurs when a person inflicts or attempts to inflict physical harm or injury to another member of the household. Household members include spouses, former spouses, and individuals who share a child or children, as well as individuals who are cohabiting or have cohabited in the past.
Domestic violence offenses are charged in the first, second, or third-degree based on the severity of the incident. The base legal definition of domestic violence describes domestic violence in the third-degree. Aggravating factors that can result in the offense being raised to the first or second degree include assaulting a household member in the presence of a child and violating a protection order when committing the offense.
Inflicting moderate bodily injury on a member of the household or having one prior domestic violence conviction from the past ten years can each cause a domestic violence charge to be elevated to the second-degree. First-degree domestic violence occurs when a family or household member sustains great bodily injury or when two or more prior domestic violence convictions occurred over the past ten years. A domestic violence defense attorney in Goose Creek could explain other aggravating factors associated with elevated domestic violence charges.
Goose Creek Penalties for Domestic Violence
Domestic violence offenses that are committed in the second or third degrees are punishable as misdemeanors. The sanctions for domestic violence in the third degree include confinement for up to 90 days and a fine of $1,000 to $2,000. The punishment for second-degree domestic violence is up to three years imprisonment and a fine between $2,500 and $5,000.
First-degree domestic violence is a felony crime. Convictions for domestic violence the first-degree are associated with a prison sentence of up to ten years. Consult a lawyer for domestic violence cases in Goose Creek for more information about domestic violence convictions and sentences.
Domestic Violence of a High and Aggravated Nature
Domestic violence offenses of a high and aggravated nature or more severe than those committed in the first degree. A person convicted of this more serious domestic violence offense can be sentenced to 20 years in prison.
Domestic violence incidents are categorized as being of a high and aggravated nature when great bodily injury occurs, and there is evidence of extreme indifference to the value of human life. This includes:
- The use of a deadly weapon when committing the offense
- Intentionally interfering with a person’s ability to breathe
- Deliberately impeding or attempting to block blood circulation
- Using physical force to prevent access to a phone or other communication device to contact law enforcement or request medical assistance
Speak with a Goose Creek Domestic Violence Attorney
A conviction for domestic violence could adversely affect your future. Protect your future by consulting a Goose Creek domestic violence lawyer right away. An attorney could give you the best possible chance of fighting domestic violence charges. Speak with an attorney about your case today.