Many state prosecutors overzealously pursue domestic abuse charges that could create allegations difficult to combat. Lengthy prison sentences, loss of rights, and expensive fines can accompany a domestic battery conviction like this.
A knowledgeable criminal defense attorney could protect your civil rights against these serious claims that accuse you of causing harm to your family or household members. To vindicate yourself from these charges, consult a fearless Irmo domestic violence lawyer to meticulously analyze your case and form a proper defense.
What is Domestic Abuse in Irmo?
A defendant accused of a domestic abuse crime against a family member is facing significant accusations and the potential for severe punishments. State law defines domestic abuse as occurring when intentional harm, such as physical harm and threats, is caused to a household member.
South Carolina Code § 16-25-10 lists that household members can include spouses, former spouses, people who share a child, people who cohabitate, and people who used to cohabitate. These people are provided the extra protections of a domestic abuse charge if they are assaulted, threatened, or another crime is perpetrated against them. Battery against these people may lead to a conviction, which carry enhanced penalties unique to their classification.
Someone is not necessarily guilty if they are charged with this crime. Many personal situations can become inflamed and people commit acts they would not otherwise choose to do. A diligent Irmo domestic abuse attorney could expose when prosecutors are overcharging defendants—which may lead to a reduction or dismissal of charges.
Penalties and Degrees of Domestic Battery Convictions
The possible penalties for a family violence conviction depend on the specific level of the offense. Classifications and penalties for domestic abuse include:
- Third degree—up to 90 days in jail and a fine of between $1,000 and $2,500
- Second degree—up to three years in prison and fine between $2,500 and $5,000
- First degree—up to ten years in prison
- Domestic violence of a high and aggravated nature—up to 20 years in prison
It is essential to enlist in a well-versed family abuse lawyer in Irmo because these penalties can greatly impact a defendant’s rights. A proper rebuttal strategy may help alleviate certain ramifications of a conviction.
Defenses to Domestic Abuse Charges
Certain defenses presented by a qualified Irmo domestic battery attorney may be available against a charge. These rebuttals may help see a dismissal or reduction of charges against a defendant. This might include presenting reasonable doubt in the case, filing a suppression motion, or cross-examining the credibility of a key witness and evidence.
More specific defenses to this charge may be that the alleged conduct was not against a household member or that the conduct should result in a lower degree designation than charged. These rebuttals may help protect the accused’s constitutional rights and provide a lower or dropped a sentence.
Consult an Irmo Domestic Violence Attorney Today
Defending your case is essential, no matter the circumstances. A prosecutor may pressure you to capitulate and give up, but you should always protect your constitutional rights. A courageous family abuse attorney could help you with your case and help develop a defense plan.
An experienced Irmo domestic violence lawyer is prepared to help you defend your rights. Make sure you are well-informed about your case by calling our legal team today.