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Domestic Violence Small Firm. Big Practice.

Charleston Domestic Violence Lawyer

Experienced Defense Against Domestic Violence Charges in Charleston, Summerville, and Throughout South Carolina

Domestic abuse in Charleston, SC, is a serious crime with severe penalties. But just because you've been accused does not mean you're guilty and have the right to defend your innocence. To do so effectively, you must have a Charleston domestic violence attorney on your side from the start of your case. Although you have the right to face your accuser without a criminal defense lawyer, doing so can be very risky, as these are complicated matters. Additionally, the prosecutors will work hard to try to prove that you committed the alleged crime, and they will have extensive experience building these cases.

At Thurmond Kirchner & Timbes, P.A., our Charleston domestic violence defense lawyers can help level the playing field in your case. Our team knows the law, and we have achieved favorable results for past clients*. Recognizing the effects of a domestic violence accusation and conviction, we will invest the necessary time and resources to build and present a compelling defense for you. We are advocates who genuinely care about the people we help.

Call Thurmond Kirchner & Timbes, P.A. today at (843) 790-0083 or contact us online to schedule a meeting with our domestic violence attorney in Charleston! 

What is Domestic Violence?

In general, domestic violence charges arise when a person harms or tries to harm a household member.

The law defines a household member as:

  • A spouse,
  • A former spouse,
  • People who have a child together, or
  • People of the opposite sex who live or have lived together

South Carolina Code of Laws § 16-25-20 separates domestic violence into three degrees. The severity of the conduct involved distinguishes the offenses. In this group, first-degree domestic violence is the most serious.

What are the Degrees of Domestic Violence in South Carolina?

The degrees of domestic violence in South Carolina are as follows:

First-Degree: 

First-degree domestic violence occurs when a person:

  • Harmed or attempted to harm (with the ability to do so) a household member and
  • He or she caused or could have caused great bodily harm,
  • He or she committed second-degree domestic violence while violating a protection order,
  • He or she was previously convicted of domestic violence two or more times in the past ten years,
  • He or she used a gun during the offense or
  • He or she committed second-degree domestic violence and
    • A minor was present or witnessed the offense;
    • He or she knew or had reason to know that the alleged victim was pregnant;
    • He or she was committing a robbery, burglary, kidnapping, or theft;
    • He or she suffocated the alleged victim or
  • He or she used force to stop another from accessing a phone to contact emergency services
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South Carolina's High and Aggravated Domestic Violence Laws

In addition to the three degrees of domestic violence listed above, South Carolina also has a law concerning more severe offenses against household members involving domestic violence of a high and aggravated nature.

South Carolina Code of Laws § 16-25-65 states that a person commits the crime when:

  • He or she showed extreme indifference to human life and
    • Cause great bodily injury to another, or
    • Cause another to fear they are in imminent danger of great bodily injury or death or
  • He or she committed first-degree domestic violence and violated a protection order

The law also provides that a person shows extreme indifference to human life when they commit an offense:

  • With a deadly weapon;
  • By choking or suffocating another;
  • When a minor is present,
  • Against a pregnant person;
  • While committing a robbery, kidnapping, burglary, or theft; or
  • While blocking a person's access to a phone to stop them from contacting emergency services

At Thurmond Kirchner & Timbes, P.A., our Charleston domestic violence attorneys take all such accusations seriously, regardless of the alleged conduct involved. When you turn to us, we'll learn about the events from your perspective and discuss available defenses.

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Knowledge. Experience. Results.
  • 13 Attorneys on Staff

  • We Educate Our Clients on the Legal Process With Its Inherent Risks & Rewards
  • Our Firm Develops a Unique Strategy for Each Case
  • We Are Boutique Firm With Large Firm Experience & Reputation
  • Each Client Receives Transparent Communication & Personalized Attention
  • Your Initial Consultation Is Free & Confidential

What are the Penalties for Domestic Violence in South Carolina?

The potential conviction penalties for a domestic violence conviction are severe. In addition to fines and imprisonment, anyone convicted of domestic violence may lose their gun rights.

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