During the last several months, there have been major changes to the way Lexington County handles Domestic Violence 3rd Degree cases. These changes impact where cases are sent, how they are scheduled, and what type of court proceedings defendants can expect.
Lexington County has a special Domestic Violence Court that was created in 2016. This is a special term of magistrate court that hears DV 3rd Degree cases. It is held at the old county courthouse located at 139 East Main Street in downtown Lexington. For several years, all DV 3rd Degree charges originating in Lexington County were sent to this DV Court. Before that, only DV 3rd cases made by the Lexington County Sheriff’s Department were referred there. Charges brought by one of the many municipal police departments in the area went instead to their own municipal courts. Lexington County actually has more separate municipal courts than any other county in South Carolina.
The most recent change is that DV 3rd Degree cases brought by police departments are now being sent to General Sessions Court. Meanwhile, DV 3rd Degree cases brought by the Lexington County Sheriff’s Department will continue to be handled in the DV Court. It will be interesting to see how the General Sessions Court adjusts to the influx of these misdemeanor-level domestic violence cases. While domestic violence charges are serious, a DV 3rd Degree is a much less severe offense than the types of cases normally handled in General Sessions, such as murder, sexual exploitation of a minor, or drug trafficking.
Individuals charged with DV 3rd Degree whose cases are now being sent to General Sessions will need to navigate the same appearance and case scheduling system as defendants facing felony charges. This includes more formal court appearances and longer case timelines. This will be identical to the court process for those charged with higher level offenses, such as DV 2nd degree.
At the Law Office of James R. Snell, Jr., LLC, we have represented clients charged with both misdemeanor and felony domestic violence offenses in Lexington for over twenty years. James Snell is a Lexington Criminal Defense attorney, the past president of the Lexington County Bar Association and the author of Challenging CDV, which is literally “the book” on defending South Carolina domestic violence charges. Our office offers free consultations to those facing DV 3rd or other criminal charges. Same-day appointments are typically available. To schedule your appointment, call (803) 359-3301.
All cases are unique, and prior results obtained by the attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.