How to Get Domestic Violence Charges Reduced

Understanding Domestic Violence Charges

Domestic violence charges are serious and can have long-lasting effects on your life. Understanding the specifics of these charges is essential for mounting an effective defense.

Degrees of Domestic Violence Charges

South Carolina categorizes domestic violence into different degrees, each carrying its own set of penalties:

Domestic Violence of a High and Aggravated Nature (DVHAN)

• Classification: Felony
• Penalties: Up to 20 years in prison
  DVHAN is the most severe form of domestic violence and involves extremely serious harm or the use of a deadly weapon.

First-Degree Domestic Violence

• Classification: Felony
• Penalties: Up to 10 years in prison
  This degree involves causing great bodily injury or violating a protection order while committing domestic violence.

Second-Degree Domestic Violence

• Classification: Misdemeanor
• Penalties: Up to 3 years in prison and/or up to $5,000 in fines
  This degree involves moderate bodily injury or the use of a deadly weapon without causing great bodily injury.

Third-Degree Domestic Violence

• Classification: Misdemeanor
• Penalties: Up to 90 days in prison and/or up to $2,500 in fines
  This is the least severe degree and involves causing or attempting to cause physical harm or threatening physical harm.

Factors Influencing Charge Severity

The severity of domestic violence charges can be influenced by several factors:

• Severity of Injuries: Charges can be more severe if the victim suffers significant injuries. For example, causing great bodily injury can elevate the charge to first-degree domestic violence.

• Prior Convictions: A history of prior domestic violence convictions can lead to more severe charges. For instance, someone with multiple prior convictions may face first-degree domestic violence charges even for less severe incidents.

• Presence of Minors: If a minor was present or perceived the event, the charge can be elevated. For example, if minors were in the home but asleep and did not perceive the altercation, the defense might argue for a lesser charge.

• Use of Weapons: The involvement of a deadly weapon can significantly increase the severity of the charge. Using a firearm during an incident can elevate the charge to DVHAN.

Understanding these factors is crucial when preparing your defense. Each element that the prosecution must prove can be challenged to potentially reduce the severity of the charges.

Next, we’ll explore the best defenses for domestic violence charges and how to effectively use them in court.

What Can a Domestic Violence Charge Be Reduced To?

Common Reduced Charges

When facing domestic violence charges, it’s possible to have the charges reduced to lesser offenses. Here are some common reduced charges:

• Simple Assault: This is a less severe charge compared to domestic violence. It generally involves causing minor physical harm or threatening harm without any aggravating factors like the use of a weapon.

• Disorderly Conduct: This charge often involves disruptive behavior that may not necessarily include physical harm. It’s a misdemeanor and carries lighter penalties.

• Misdemeanor: Domestic violence charges in the third degree or lesser forms can sometimes be reduced to misdemeanors. These carry less severe penalties compared to felonies.

Legal Strategies for Reduction

Reducing domestic violence charges often requires strategic legal maneuvers. Here are some common strategies:

• Self-Defense: One of the most frequently used defenses is self-defense. If you can prove that you acted to protect yourself from immediate harm, you might avoid a conviction. For example, if someone hits you and you hit back to defend yourself, this can be a valid defense.

• Lack of Evidence: Prosecutors must prove the charges beyond a reasonable doubt. If your attorney can show that there isn’t enough evidence to support the claims, the charges might be reduced or dropped. Examples include insufficient witness testimony or lack of physical evidence.

• Victim Recantation: Sometimes, the victim may decide to withdraw their accusations. According to a study published in “Social Science & Medicine,” perpetrators often use emotional appeals to get victims to recant. While this can complicate the case for the prosecution, it doesn’t automatically result in dropped charges. Prosecutors can still pursue the case if they believe they have enough evidence.

• Plea Deals: Negotiating a plea deal with the prosecutor can result in reduced charges. For instance, agreeing to attend counseling or perform community service in exchange for a lesser charge like disorderly conduct can be beneficial. A deferred prosecution agreement, where charges are dismissed after meeting certain conditions, is another option.

Each case is unique, and the best strategy depends on the specifics of your situation. Consulting with an experienced domestic violence defense attorney is crucial for navigating these complexities.

Next, we’ll discuss the steps you can take to help reduce your charges, including hiring an experienced attorney, gathering evidence, and plea negotiations.

Steps to Take for Charge Reduction

Reducing a domestic violence charge can be a complex process, but taking the right steps can make a significant difference. Here’s what you need to know:

Hiring an Experienced Attorney

The first and most crucial step is hiring an experienced attorney. A skilled lawyer can help you navigate the legal system and develop a strong defense strategy.

• Private Lawyer: Hiring a private lawyer who specializes in domestic violence cases can be beneficial. They often have more time and resources to devote to your case compared to public defenders.
• Public Defender: If you cannot afford a private lawyer, you may be eligible for a public defender. While they are often overworked, many are highly skilled and experienced in handling domestic violence cases.
• Legal Consultation: Before making a decision, schedule consultations with a few attorneys. Ask about their experience, success rates, and strategies for handling cases like yours.

Gathering Evidence

Evidence is crucial in building a strong defense and negotiating a charge reduction. The right evidence can significantly impact the outcome of your case.

• Witness Statements: Collect statements from anyone who witnessed the incident. Their accounts can provide valuable support for your defense.
• Photographic Evidence: Take photos of any injuries you did not cause or any damage that occurred during the incident. This can help prove your innocence.
• Text Messages: Save any text messages that might show your innocence or highlight inconsistencies in the accuser’s story. These can be powerful pieces of evidence.

Plea Negotiations

Plea negotiations can be a strategic way to reduce your charges. Your attorney will work with the prosecutor to reach a mutually agreeable resolution.

• Plea Deals: A plea deal involves pleading guilty to a lesser charge in exchange for a reduced sentence. This can help you avoid the most severe penalties associated with a domestic violence conviction.
• Lesser Charges: Common lesser charges include simple assault or disorderly conduct. These charges usually carry lighter sentences and less severe long-term consequences.
• Reduced Sentencing: In some cases, your attorney might negotiate for reduced sentencing in exchange for completing certain conditions, such as anger management classes or community service.

Taking these steps can help you navigate the complexities of reducing a domestic violence charge. Always consult with an experienced attorney to explore the best options for your specific situation.

Next, we’ll answer some frequently asked questions about domestic violence charge reduction, including what can be done to reduce the number of domestic violence cases and how long these cases typically last.

Frequently Asked Questions about Domestic Violence Charge Reduction

What can be done to reduce the number of domestic violence cases?

Reducing the number of domestic violence cases requires a multi-faceted approach. Here are some effective strategies:

• Shelters: Providing safe spaces for victims can help them escape abusive situations. Shelters offer temporary housing, counseling, and support services.

• Hotlines: 24/7 hotlines give victims immediate access to help. They can offer advice, support, and resources.

• Legal Advocacy: Legal advocates assist victims in obtaining protective orders and navigating the legal system. They ensure victims understand their rights and options.

• Authorities: Law enforcement and judicial systems need specialized training to handle domestic violence cases effectively. This includes understanding the dynamics of abuse and the importance of victim cooperation.

How long do most domestic violence cases last?

The duration of domestic violence cases can vary widely based on specific circumstances:

• Case Complexity: More complex cases with severe injuries or multiple charges can take longer to resolve.

• Court Backlog: The local court’s schedule and backlog can also affect case duration. Some courts may take months to schedule a trial.

• Plea Deals: If a plea deal is negotiated, the case may resolve quicker. Plea deals can sometimes be reached within weeks.

Can a victim drop charges in South Carolina?

In South Carolina, victims do not have the authority to drop charges. Once charges are filed, the decision to continue or drop the case lies with the solicitor (prosecutor).

• Solicitor Control: The solicitor will consider factors like evidence strength, the victim’s safety, and the likelihood of a conviction when deciding whether to proceed.

• Victim Service Provider: Victims can work with a service provider to understand their rights and navigate the legal process. These providers offer support and can communicate the victim’s wishes to the prosecutor.

Understanding these aspects can help you better navigate the complexities of domestic violence cases. For personalized legal advice, contact Inland Empire Criminal Defense at (909) 939-7126.

Conclusion

At Inland Empire Criminal Defense, we understand how serious domestic violence charges can be and the impact they can have on your life. Our team is committed to providing personalized defense strategies tailored to your unique situation.

We leverage our extensive experience and deep legal knowledge to fight for your rights and protect your future. We know that each case is different, and we work hard to develop the best possible defense for you.

Free Consultations

We offer free consultations to discuss your case and explore the best defense options available. Whether it’s proving false allegations, asserting self-defense, or any other legal strategy, we are committed to securing the best possible outcome for you.

Contact us today to get started on your defense. Call us at (909) 939-7126 or visit our website to schedule your consultation. We’re here to help you navigate this challenging time with expert legal support.