South Carolina has a strict and comprehensive criminal domestic violence statute. Simply put, Criminal Domestic Violence or CDV in South Carolina is defined as causing harm, attempting to harm, or threatening to harm a household member.

There are serious penalties for those convicted of CDV. Being arrested is not the same as being convicted. To be convicted of CDV, you must either plead guilty, plead no contest, or be found guilty after trial. Once someone is convicted of CDV, it will be up to a court to determine what penalties are imposed.

Anyone convicted of domestic violence will experience a loss of firearm-related privileges. It will also create a permanent criminal record and difficulty traveling internationally or immigrating to the United States.

For the purposes of the CDV sentencing law, a prior conviction is one that occurred within the last ten years. Convictions from other states may also count if their CDV law is substantially similar to South Carolina’s.

The first CDV offense is a misdemeanor. The sentence can be up to thirty days in jail, a $5,000 fine, or 26 weeks of domestic abuse counseling.

The second CDV offense is a misdemeanor. The sentence will be 30 days to one year in prison and a fine of up to $10,000.

3rd offense CDV is a felony and is punishable by a minimum of one to a maximum of five years in prison.

Conviction for High and Aggravated Criminal Domestic Violence (CDVHAN) carries a minimum penalty of one to ten years in prison. This is even for a first offense.

No matter what the circumstances surrounding a domestic violence arrest, it is important to know that a conviction is not inevitable. In addition to legal or factual defenses, circumstances may exist that would create an opportunity to reach a plea bargain that would avoid all of the penalties discussed herein.