Domestic Violence Attorneys in Lexington, SC

There’s a fine line between heated relational disputes and domestic violence. Once police arrive at the scene, it can be hard to identify the initial aggressor and unravel complex family dynamics.

If you’ve been charged with domestic abuse, you need an experienced Lexington, S.C., domestic violence defense lawyer from Kinard Law Group. Do not speak with the police without legal counsel on your side.

Defining Domestic Violence Under South Carolina Law

S.C. Code § 16-25-20 makes it unlawful to cause (or attempt to cause) physical harm to a household member. It also criminalizes putting household members in ‘imminent peril’ or fear of such harm. However, the term ‘household’ member only means:

• Spouse
• Former spouse
• Co-parent (children in common)
• Current domestic partner (male or female)
• Former domestic partner (ex-boyfriend or ex-girlfriend)
• Male or female, you are currently living with or once lived with

Domestic violence charges are generally reserved for violent crimes against intimate partners (or former partners), but they can sometimes apply violence against children, roommates, and other cohabiting family members. These are serious charges in Lexington. Immediately contact our experienced domestic assault defense lawyers if you’ve been charged with domestic violence.

Penalties for Domestic Assault and Abuse Charges in Lexington

The potential penalties of a domestic violence conviction depend on your criminal history, offense degree, and any mitigating or aggravating factors.

Highly Aggravated (S.C. Code § 16-25-65)

Domestic violence of a highly aggravated nature involves serious harm caused in combination with extreme indifference to human life, additional criminal violations, and/or death threats. This aggravated offense is a felony punishable by up to 25 years in jail.

First Degree

Domestic abuse in the first degree generally involves serious bodily harm, firearms, minors, additional offenses, prior criminal history, blocking phone use, choking, or protective order violations. This is a felony punishable by up to 10 years in prison.

Second Degree

Domestic violence in the second degree often involves moderate bodily harm and minor protective order violations. However, it also covers similar factors to first-degree charges. Domestic abuse in the second degree is a misdemeanor punishable by up to three years in prison and fines. The right domestic assault defense lawyer in Lexington will fight to have first-degree charges reduced to a second-degree offense.

Third Degree

This lesser-included offense is a misdemeanor punishable by no more than 90 days in prison. Third-degree offenders may be eligible for pre-trial intervention, which could result in their charges being dismissed and their records expunged. Our dedicated domestic violence defense team works to get higher-level domestic abuse charges dismissed or reduced to this lesser-included offense, giving you the chance to participate in a rehabilitation program, avoid jail, and clear your criminal record.

Defense Lawyers for Domestic Violence Charges in Lexington, S.C.

Domestic abuse convictions can have life-altering consequences, further straining already complex family relationships. Discuss the best defense to domestic violence charges with the experienced Lexington criminal defense lawyers at Kinard Law Group by confidentially calling (803) 359-1003 or connecting with us online.