What is the difference between a DV 3^rd Degree, 2^nd Degree and 1^st Degree?

Domestic Violence Degrees

South Carolina currently has four separate domestic violence charges. While there are many similarities, there are many important differences too.

Similarities Between Charges

• All South Carolina domestic violence charges are criminal charges, brought by the state.
• No specific charge requires a prior conviction for domestic violence
• No charge requires any actual physical injury
• There must be a household member relationship between the defendant and alleged victim. This includes spouse, former spouse, people with children together, or those who have romantically lived together.
• Prosecutors generally apply a “No Drop” policy, not dismissing cases at the request of the alleged victim. This does not however prevent dismissals for cause, not-guilty verdicts, favorable reductions, or pre-trial intervention (PTI)
• No-contact bond restrictions can prevent any contact with the defendant and alleged victim during the pendency of the case
• A conviction results in both a criminal record (damaging for background and employment purposes), loss of 2^nd amendment rights, as well as sentencing by the court
• Anyone charged has a right to retain counsel and object to the charge

Possible Maximum Sentence

DVHAN - Twenty Years
DV 1st - Ten Years
DV 2nd - Three Years
DV 3rd - Ninety Days

Felony Charges

DV 1^st Degree
DVHAN

Misdemeanor Charges

DV 3^rd Degree
DV 2^nd Degree

General Sessions Only

DVHAN
DV 1^st Degree
DV 2^nd Degree

Magistrate\Municipal Court Eligible

DV 3^rd Degree (but prosecuted in General Sessions in some counties)