Call Today 888.301.6004
Don't Face Your Charges Alone Contact Our Firm to Start Establishing a Successful Defense

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

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 2nd 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 1st Degree
DVHAN

Misdemeanor Charges

DV 3rd Degree
DV 2nd Degree

General Sessions Only

DVHAN
DV 1st Degree
DV 2nd Degree

Magistrate\Municipal Court Eligible

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

Former Clients' Experiences

  • “This is an amazing Firm”

    Brittany

  • “Thanks to you and your staff, a heavy burden has been lifted off my shoulders, and I can't thank you enough.”

    Former Client

  • “I tell everyone who needs a lawyer to call James Snell.”

    Former Client

  • “You absolutely exceeded every possible expectation I had. I'm simply amazed at how quickly you got results for me. I am beyond happy that I hired you.”

    Former Client

  • “Thank you for being so kind and understanding and getting me out of the mess I got myself into…”

    Former Client

  • Best of Lexington Life Nominee
  • Super Lawyers
  • Lawyer.com Premium Rating
  • 10.0 Superb Avvo Rating - Top Attorney Criminal Defense
  • Better Business Bureau - Accredited Business
  • National Association of Criminal Defense Lawyers
  • South Carolina Association of Criminal Defense Lawyers
  • Top 100 Trial Lawyers - The National Trial Lawyers
  • 10.0 Superb Avvo Rating - Top Attorney DUI

Stay Updated

  • Back to School is Here!

    It’s back to school time again for area students. Here are the first days at school for area students: August 15, 2019 Hammond School August 19, 2019 ...

    View More
  • Walmart Self-Checkout Shoplifting

    Many retailers are phasing out human cashiers in favor of self-checkout systems. The stores have figured out that buying a self-checkout system can be ...

    View More
  • Blackmail Scam Still Running Strong

    Several years ago I began posting about a common blackmail scam. I called it the “ counseling scam ”. It works something like this: Men go on dating ...

    View More

Get Started Today

We're Available to Schedule Immediate, Same-Day Consultations
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.