South Carolina Criminal Domestic Violence
Lexington CDVHAN Lawyer

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 - meaning that if you plead guilty or are found guilty after a trial you must go to prison. There are however options that anyone charged with CDVHAN can take to protect their interests.

To speak to a criminal defense attorney about your CDVHAN charge call our office 24/7 at 1-866-252-5789.

The majority of domestic violence 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.

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 is a spouse, former spouse, someone you have a child in common with or someone of the opposite sex you now or formally have lived with.

The difference between CDV and CDVHAN is that the felony charge must also have an aggravating component. This is usually an allegation of a weapon, serious bodily harm or an assault which would cause someone to fear 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).

We know that many times people are arrested it is 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 of influences.

Know Your Options

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.

Criminal Defense Attorney James Snell knows all of the options for resolving a felony domestic violence charge. These include:

• 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."

Call for a Case Evaluation

CDVHAN is too serious of an offense to try to go at it 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 James Snell contact his office at 1-866-252-5789. Initial appointments are held in person only in our Lexington, South Carolina office. During your case evaluation you will receive an honest assessment of your case 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.

Lexington Criminal Defense - Law Office of James R. Snell, Jr., LLC.