CDVHAN in Lexington, South Carolina
Criminal Domestic Violence of a High Aggravated Nature
CDVHAN is too serious of an offense to try to execute alone. Putting off
planning your defense also is not in your best interests. If you would
like to receive a confidential and no-cost case evaluation with our Lexington
contact the Law Office of James R. Snell, Jr., LLC.
The offense of criminal domestic violence of a high and aggravated nature
(CDVHAN) is South Carolina's
felony domestic violence law. It is a felony punishable in the court of general sessions and prosecuted
by the solicitor's office. The law is codified in
South Carolina Code §16-25-65. Anyone convicted in court will face a mandatory one year to a maximum
of ten years in prison. The one-year minimum sentence cannot be suspended
by the court, which means that if you plead guilty or are found guilty
after a trial, it is mandatory that you face a prison term. There are
many options that anyone charged with CDVHAN can take to protect their
CDV vs. CDVHAN
The majority of criminal domestic violence (CDV) arrests are to the misdemeanor
CDV charge. This is the offense that would typically be referred to your
local magistrate, municipal or specialized CDV court. All felony CDV cases
in South Carolina are handled exclusively in the court of general sessions.
The primary difference between CDV and CDVHAN is that the felony charge
must also have an aggravating component. This is usually an allegation
- Use of a weapon
- Serious bodily harm
- Assault which could cause serious harm or death
Many times people are arrested for CDVHAN (which carries ten years) when
the offense should only be CDV (which carries 30 days).
Understanding CDVHAN Law
To first understand CDV law, it is important that you understand the terminology
used by the police, prosecutors and courts.
Domestic violence in South Carolina has been defined as a physical assault, attempted physical
assault or threat of a physical assault against a household member. Physical
assault in this context means an unwanted or rude touching.
There is no requirement of actual harm or injury. A household member considered is a:
- Former spouse
- Someone you have a child in common with
- Someone of the opposite sex you now or formerlly live(d) with
We know that many times people are arrested because of police errors, the
result of a violation of their rights, or simple false accusations. As
a relationship crime, CDVHAN is especially susceptible to these sorts
What are my options in Lexington, SC?
When you have been arrested for CDVHAN you should be aware that you are
facing one of the most serious criminal offenses in South Carolina. Very
few criminal offenses carry mandatory prison time like CDVHAN, examples
of other similar charges are murder, armed robbery, and criminal sexual
conduct. Our lead attorney,
James R. Snell, Jr., knows all of the options for resolving a felony domestic violence charge.
You may have the option for referral and completion of the pre-trial intervention
(PTI) program. This is only by specific consent of the prosecutor. Completion
will result in a dismissal of the criminal charge and an expungement of
the arrest record. Full contested trial where all aspects of the CDVHAN
and other criminal allegations will be challenged. A negotiated plea bargain
where the charge is reduced to misdemeanor CDV or another charge. This
may result in the sentence being only a small fine or "time served."
case evaluation, you will receive an honest assessment of your situation along with any
potential legal options that may be available. He will also help determine
if your case is a CDVHAN or if you are being prosecuted for a different
offense. Our law office works with clients in the Lexington and Columbia
areas, as well as in other areas of South Carolina.