CDV Charges Explained: Everything You Should Know

What is a CDV Charge?

Criminal Domestic Violence (CDV) charges are serious legal matters in South Carolina. They involve allegations of physical harm or threats of harm against a “household member.” Understanding what constitutes a CDV charge can help you navigate the complexities of the law.

Legal Definition

Under South Carolina law, CDV is defined as causing physical harm or injury to a household member, or threatening to cause harm in a way that creates a reasonable fear of imminent peril. The term “household member” is crucial here. It includes:

• A spouse
• A former spouse
• Someone you share a child with
• Someone you live with or used to live with

The law is designed to protect individuals from violence in domestic settings, making it a criminal offense to harm or threaten harm to those close to you.

Types of CDV Charges

CDV charges are categorized into different degrees based on the severity of the act and the circumstances surrounding it.

Domestic Violence in the 3rd Degree

This is the least severe form of CDV. It involves causing physical harm or injury to a household member or threatening harm in a way that creates a reasonable fear of imminent danger. Penalties for 3rd-degree CDV include:

• A fine between $1,000 and $2,500
• Up to 90 days in jail
• Or both

Domestic Violence in the 2nd Degree

Second-degree CDV is more severe and includes additional factors such as:

• Moderate bodily injury, which may involve temporary loss of function or disfigurement
• Violation of a protection order
• Prior CDV convictions within the last 10 years
• Acts committed in the presence of a minor or against a pregnant victim

Penalties for 2nd-degree CDV can include:

• A fine between $2,500 and $5,000
• Up to 3 years in jail
• Or both

Domestic Violence in the 1st Degree

First-degree CDV involves even more serious circumstances, such as:

• Causing great bodily injury
• Using a deadly weapon
• Committing the act under extreme indifference to human life

Penalties for 1st-degree CDV are severe:

• Up to 10 years in prison

Domestic Violence of a High and Aggravated Nature (DVHAN)

DVHAN is the most severe form of CDV and involves extreme indifference to the value of human life, often resulting in great bodily injury or the use of a deadly weapon. Examples include choking the victim to the point of unconsciousness or committing the act during a robbery.

Penalties for DVHAN include:

• Up to 20 years in prison

Understanding these categories can help you grasp the seriousness of a CDV charge and the potential consequences.

Next, we’ll delve into the Penalties and Consequences of CDV charges, including jail time, fines, and long-term impacts on your life.

Degrees of Criminal Domestic Violence

Domestic Violence in the 3rd Degree

Domestic Violence in the 3rd Degree is the least severe form of CDV in South Carolina. It occurs when someone inflicts physical harm or injury on a household member or threatens to do so, causing fear of imminent peril. Even without actual harm, the threat alone can lead to charges.

Penalties for 3rd Degree Domestic Violence include:

• Up to 90 days in jail
• Fines ranging from $1,000 to $2,500

This charge is a misdemeanor and is often handled in Magistrate or Municipal Court.

Domestic Violence in the 2nd Degree

Domestic Violence in the 2nd Degree is more serious. It involves actions likely to cause moderate bodily injury (MBI) or actual infliction of MBI. Additional factors that can elevate a 3rd Degree charge to 2nd Degree include:

• Knowing the victim is pregnant
• Committing the act in the presence of a minor
• Blocking the victim’s access to a phone to prevent them from calling for help
• Violating a protective order

Penalties for 2nd Degree Domestic Violence include:

• Up to 3 years in prison
• Fines ranging from $2,500 to $5,000

This charge is a misdemeanor but is prosecuted in General Sessions Court due to its severity.

Domestic Violence in the 1st Degree

Domestic Violence in the 1st Degree is a felony and involves causing great bodily injury (GBI) or actions likely to result in GBI. It can also include:

• Using a firearm during the act
• Having two or more prior DV convictions within the last 10 years

Additional factors similar to those in 2nd Degree charges can also elevate a 2nd Degree charge to 1st Degree.

Penalties for 1st Degree Domestic Violence include:

• Up to 10 years in prison

Domestic Violence of a High and Aggravated Nature (DVHAN)

DVHAN is the most severe form of domestic violence and is classified as a felony. It involves circumstances showing extreme indifference to human life, such as:

• Inflicting great bodily injury
• Actions that would reasonably cause a person to fear great bodily injury or death
• Using a deadly weapon

Penalties for DVHAN include:

• Up to 20 years in prison

Understanding these categories can help you grasp the seriousness of a CDV charge and the potential consequences.

Next, we’ll delve into the Penalties and Consequences of CDV charges, including jail time, fines, and long-term impacts on your life.

Penalties and Consequences

When facing a Criminal Domestic Violence (CDV) charge, understanding the penalties and long-term consequences is crucial. These penalties vary widely based on the degree of the charge.

Penalties for Each Degree

Domestic Violence in the 3rd Degree

• Misdemeanor
• Jail Time: Up to 90 days
• Fines: $1,000 to $2,500, or both

Domestic Violence in the 2nd Degree

• Misdemeanor
• Jail Time: Up to 3 years
• Fines: Up to $5,000
• Additional Factors: Moderate injury or one prior CDV conviction

Domestic Violence in the 1st Degree

• Felony
• Jail Time: Up to 10 years
• Additional Factors: Great bodily injury, use of a firearm, or two or more prior CDV convictions

Domestic Violence of a High and Aggravated Nature (DVHAN)

• Felony
• Jail Time: Up to 20 years
• Additional Factors: Extreme indifference to human life, great bodily injury, use of a deadly weapon

Long-term Consequences

Criminal Record A CDV conviction will appear on your criminal record, affecting various aspects of your life.

Firearm Rights Under federal law, any CDV conviction results in a lifetime ban on firearm possession. While expungement or pardon might restore these rights, it is often a complex process.

Employment Employers often conduct background checks. A CDV conviction can make it difficult to find a job, especially in fields requiring a clean record or security clearance.

Housing Landlords may deny housing applications based on a criminal record, making it challenging to find a place to live.

Expungement and Pardon

• Expungement: In South Carolina, expunging a CDV conviction is challenging but possible under specific conditions.
• Pardon: A pardon can restore some rights but does not erase the conviction from your record.

Understanding these penalties and long-term consequences underscores the importance of legal representation. In the next section, we’ll explore the Legal Process and Rights involved in CDV cases, from arrest to trial and defense strategies.

Legal Process and Rights

Arrest and Bond Conditions

When someone is accused of Criminal Domestic Violence (CDV), the arrest process can be swift and intense. Law enforcement officers must determine the primary aggressor if conflicting stories arise. They evaluate factors such as prior complaints, the nature of injuries, likelihood of future injury, and whether someone acted in self-defense.

Once arrested, the accused faces bond conditions. A bond court judge often imposes a “no contact” order with the alleged victim or their family. This order can be very detailed, prohibiting:

• Verbal contact
• In-person meetings
• Telephone calls
• Electronic communications
• Indirect contact through third parties

Additionally, the judge may restrict the accused from carrying firearms. Violating these bond conditions can lead to severe consequences, including new criminal charges.

Trial and Defense Strategies

After the arrest, the accused has the right to a trial. This includes the right to a jury trial, the right to cross-examine witnesses, and the right to present their own witnesses and evidence. The accused can also choose to testify or remain silent.

Several defense strategies can be employed:

• Self-Defense: Arguing that the accused acted to protect themselves from harm.
• Mistake of Fact: Demonstrating that the incident was a misunderstanding or accident.
• Duress or Necessity: Showing that the accused was forced to act due to immediate danger.
• Police Misconduct: Highlighting any improper actions by law enforcement that could invalidate the charges.

Moreover, the defense can challenge the admissibility of evidence obtained through unlawful searches or interrogations without reading Miranda rights. If successful, such evidence can be excluded from the trial.

Legal counsel is crucial in navigating these complexities. An experienced attorney can evaluate the case, gather evidence, and develop a tailored defense strategy to protect the accused’s rights.

In the next section, we will address Frequently Asked Questions about CDV Charges, including how long a CDV stays on your record and whether a victim can drop a charge.

Frequently Asked Questions about CDV Charges

How long does a CDV stay on your record in South Carolina?

A CDV charge can impact your record for a long time. For a third-degree CDV conviction, you might be eligible for expungement, but only under specific conditions. If it’s your first criminal conviction and you don’t receive any other convictions for five years, you can apply for expungement.

However, higher-degree CDV charges are rarely expunged. If you were under 25 at the time of the conviction, you might qualify. Expungement is crucial because it can restore your firearm rights, although you may need to go through an appeals process with the FBI to accomplish this.

Can a victim drop a CDV charge?

In South Carolina, the victim does not have the final say in dropping a CDV charge. The decision lies with the prosecutor. Even if a victim requests to drop the charges, the prosecutor will likely discuss the matter with the victim before making a decision.

South Carolina has a “no drop” policy, implemented in 2001, which means that all CDV cases are prosecuted to protect true victims. While this policy is not strictly adhered to today, prosecutors do not dismiss cases lightly and exercise judgment and discretion.

What are the rights of someone accused of CDV?

If you’re accused of CDV, you have several important rights:

• Right to a Trial: You have the right to a trial by jury where the prosecution must prove your guilt beyond a reasonable doubt.
• Cross-Examination: You can cross-examine any witnesses that the prosecution brings against you.
• Defense Strategies: You can assert defenses, such as self-defense, which must show that you used reasonable force under the circumstances.
• Legal Counsel: You have the right to legal counsel. Given the serious nature of CDV charges, it’s crucial to exercise this right. An experienced attorney can help protect your rights, gather evidence, and develop a robust defense strategy.

For more information on how Inland Empire Criminal Defense can assist you, contact us at (909) 939-7126.

Conclusion

As we’ve seen, Criminal Domestic Violence (CDV) charges in South Carolina carry serious legal implications. From potential jail time to lasting impacts on your record and rights, understanding the nature of these charges is crucial.

Summary

CDV charges can range from misdemeanors to felonies, depending on the degree and circumstances. The penalties increase with the severity of the offense, making it vital to know what you’re up against. Whether you’re facing a 3rd-degree charge or a more severe CDV of a High and Aggravated Nature (DVHAN) charge, the consequences can be life-altering.

Importance of Legal Representation

Given the complexities and severe penalties associated with CDV charges, legal representation is essential. An experienced attorney can help you navigate the legal system, protect your rights, and build a strong defense.

Inland Empire Criminal Defense

At Inland Empire Criminal Defense, we specialize in defending clients against CDV charges. Our team has the experience and resources to help you understand your charges, explore your options, and prepare a robust defense.

Free Consultations

We offer free consultations to discuss your case and review any paperwork you may have. This initial meeting is crucial for understanding your situation and planning the best course of action.

Contact Information

If you or someone you know is facing CDV charges, don’t hesitate to reach out. Contact Inland Empire Criminal Defense today at (909) 939-7126. We’re here to help you through this challenging time and work towards securing your rights and your future.

For more detailed information, visit our service page.