Domestic Violence Criminal Defense Attorneys in Greenville, South Carolina
Domestic violence is a particularly sensitive and complex area of law. All too often, when police arrest someone for domestic violence, the court of public opinion presumes them guilty before they even appear before a judge. This is unfair and potentially damaging to the accused’s professional and personal livelihood.
However, every domestic violence situation has two sides. If you stand accused of domestic violence in Greenville, you can count on the criminal defense attorneys at Fedalei & Reid Law, LLC to listen to your side of the story and provide a voice for you to help fight the charges you face and obtain the best possible outcome.
Our Greenville, SC domestic violence attorneys understand how difficult domestic violence situations are in our clients’ daily lives, and how taxing it can be to navigate the criminal justice process and achieve favorable results.
Our legal team is dedicated to helping you throughout the legal process so you can narrate your side of the story. We’ll work diligently to obtain and present the key evidence required to support your innocence. We can also negotiate with prosecutors to reduce charges or mitigate the potential consequences if the state or court refuses to dismiss your case.
Domestic violence convictions have life-threatening consequences that can negatively affect your future. Our Greenville criminal defense lawyers are ready to help you pursue positive outcomes. To request a free and confidential initial consultation, contact our Greenville, SC criminal defense law firm today at (864) 668-1661.
Table of contents
- Domestic Violence Criminal Defense Attorneys in Greenville, South Carolina
- Why Work With Fedalei & Reid Law, LLC for Your SC Domestic Violence Charges
- What Is Domestic Violence in South Carolina?
- What Are Potential Penalties for Domestic Violence in SC
- What Are Some Common Defenses Against Domestic Violence Claims?
- How Can a Skilled Domestic Violence Defense Lawyer Help?
- Get the Legal Help You Need Now
Why Work With Fedalei & Reid Law, LLC for Your SC Domestic Violence Charges
Choosing Fedalei & Reid Law, LLC to help defend against domestic violence charges in South Carolina offers several potential benefits:
- Experience in Domestic Violence Cases: Our attorneys have significant experience in handling domestic violence cases. We understand the nuances of South Carolina's domestic violence laws and have a track record of successfully defending clients against such charges.
- Knowledge of the Local Legal System: With a law office in Greenville, SC, we have a deep understanding of the local legal system, including the procedures, practices, and local courts. We can use our connections and resources to build a strong defense strategy and handle cases more efficiently.
- Compassionate and Supportive Representation: Facing domestic violence charges can be emotionally challenging and stressful. Our lawyers provide compassionate and supportive representation, guiding clients through the legal process with empathy and understanding.
- Personalized Approach: At Fedalei & Reid Law, LLC, our attorneys offer personalized attention to clients. We take the time to listen to your concerns, understand your goals, and develop a defense strategy that aligns with your needs and priorities.
- Thorough Investigation: A thorough investigation is often critical in domestic violence cases to uncover evidence, gather witness statements, and build a strong defense. Our lawyers will conduct a comprehensive investigation to uncover any mitigating factors or inconsistencies in the prosecution's case.
- Negotiation Skills: If possible, we can negotiate plea deals or alternative resolutions to domestic violence charges. Our attorneys are strong and assertive negotiators who advocate zealously for favorable outcomes on behalf of our clients.
- Trial Experience: While many cases are resolved through negotiation or plea bargaining, the attorneys at Fedalei & Reid Law, LLC are prepared to take cases to trial if necessary. We have the trial experience and courtroom skills needed to effectively present a defense before a judge and jury.
- Transparent Communication: We prioritize clear and transparent communication with clients. We’ll keep you informed about the progress of your case while answering any questions you may have along the way.
To discover the difference we can make in your Greenville, SC domestic violence case, contact us right away to discuss your situation at no cost.
What Is Domestic Violence in South Carolina?
In South Carolina, domestic violence is defined as any criminal offense involving violence, threat of violence, or physical harm against a household member or family member. The state's domestic violence laws encompass a range of behaviors and relationships, and they are outlined in the South Carolina Code of Laws.
Under South Carolina law, domestic violence can occur between:
- Current or former spouses
- Individuals who share a child together
- Individuals who live together or have lived together in the past
- Individuals who are in a dating relationship or have been in a dating relationship in the past
The law recognizes that domestic violence can occur in various types of relationships, not just between married couples.
Domestic violence offenses in South Carolina can include, but are not limited to:
- Assault and Battery: Any intentional harmful or offensive touching of another person without their consent, which can include hitting, punching, slapping, or kicking.
- Criminal Domestic Violence (CDV): This offense occurs when a person causes physical harm or injury to a household member or family member, or when they offer or attempt to cause physical harm or injury while showing apparent and present ability to cause harm. CDV can also involve acts of intimidation, harassment, or threats of violence.
- Violation of Protection Orders: This offense involves violating a court-issued protective order, such as a restraining order or order of protection, which prohibits contact or certain behaviors toward the protected individual.
- Stalking: Stalking involves a pattern of behavior intended to intimidate or harass another person, causing them to fear for their safety or the safety of others. Stalking behaviors may include following someone, making threats, or monitoring their activities without their consent.
- Criminal Sexual Conduct: Acts of sexual assault or rape committed against a household member or family member can also constitute domestic violence under South Carolina law.
What Are Potential Penalties for Domestic Violence in SC
In South Carolina, the potential penalties for domestic violence offenses can vary depending on the specific circumstances of the case. Factors such as the severity of the offense, any prior criminal history of the offender, and other aggravating circumstances can greatly influence the consequences.
Some potential penalties for domestic violence offenses in South Carolina include:
- Fines: Individuals convicted of domestic violence offenses may be subject to fines imposed by the court. The amount of the fine can vary depending on the severity of the offense and other factors determined by the court.
- Probation: In some cases, individuals convicted of domestic violence offenses may be sentenced to probation instead of or in addition to incarceration. During probation, the individual must comply with specific conditions set by the court, such as attending counseling or completing a batterer intervention program, refraining from contact with the victim, and avoiding further criminal behavior.
- Jail or Prison Time: Depending on the severity of the offense and other factors, individuals convicted of domestic violence offenses may face incarceration. Jail sentences can range from a few days to several years, depending on the specific offense and the discretion of the court.
- Protective Orders: In addition to criminal penalties, individuals convicted of domestic violence offenses may be subject to protective orders, also known as restraining orders or orders of protection. These orders can prohibit the offender from contacting or being near the victim and may include other restrictions to ensure the victim's safety.
- Counseling or Treatment Programs: Courts may require individuals convicted of domestic violence offenses to participate in counseling or treatment programs aimed at addressing underlying issues such as anger management, substance abuse, or controlling behaviors.
- Loss of Firearms Rights: A conviction for domestic violence may result in the loss of the individual's right to possess firearms under federal and state law, including the federal Domestic Violence Offender Gun Ban.
Authorities in South Carolina take domestic violence charges very seriously, and penalties can be significant. Additionally, repeat offenders or those who commit more severe acts of domestic violence may face harsher penalties.
If you face domestic violence charges, seek guidance from a qualified attorney near you right away.
What Are Some Common Defenses Against Domestic Violence Claims?
In a domestic violence case, you need to work with an experienced defense attorney to challenge the accusations against you. The defense options you have depend entirely on the facts and circumstances of your case, and you need to follow your attorney’s recommendations.
However, some common defense options a criminal defense attorney can use against domestic violence charges include:
- False Accusations: One of the most common defenses in domestic violence cases is to assert that the accuser fabricated the allegations. This defense may involve presenting evidence or witness testimony to challenge the credibility of the accuser and demonstrate that the allegations lack merit.
- Self-Defense: If you acted in self-defense or in defense of others, your attorney may argue that your actions were necessary to protect yourself or someone else from harm. This defense typically requires showing that you reasonably believed you were in imminent danger of harm and that your use of force was proportionate to the threat.
- Lack of Intent: In some cases, you may argue that you did not have the intent to commit domestic violence. This defense may be applicable if your actions were accidental, unintentional, or misconstrued by the accuser.
- Alibi: Your attorney may assert an alibi defense, claiming that you were not present at the location where the alleged domestic violence occurred at the time of the incident. This defense relies on providing evidence, such as witness testimony or documentation, to support the defendant's whereabouts at the relevant time.
- Insufficient Evidence: Your lawyer may challenge the prosecution's evidence, arguing that it is insufficient to prove the elements of the domestic violence offense beyond a reasonable doubt. This defense may involve attacking the credibility of witnesses, questioning the reliability of evidence, or highlighting inconsistencies in the prosecution's case.
- Consent: In some cases, defendants may argue that the alleged victim consented to the conduct in question, thereby negating the element of force or coercion required for a domestic violence offense. However, this defense may not apply in cases involving certain types of offenses, such as those involving sexual assault or abuse of minors.
- Police Misconduct or Procedural Errors: Your attorney may challenge the legality of your arrest or the conduct of law enforcement officers involved in the investigation. This defense may involve alleging police misconduct, procedural errors, or violations of the defendant's constitutional rights, such as illegal search and seizure or failure to read Miranda rights.
You may have other defense options available, but you need to consult a qualified criminal defense attorney in your area to determine the most appropriate defense strategy based on the specific circumstances of your case.
An experienced attorney can assess the evidence, identify potential defenses, and advocate on your behalf to protect your rights and achieve the best possible outcome.
How Can a Skilled Domestic Violence Defense Lawyer Help?
At Fedalei & Reid Law, LLC, our Greenville domestic violence lawyers focus on the unique details of each case we represent.
Our team of attorneys will examine the:
- Law enforcement officers’ handling of your arrest and the charging requirements, such as getting a copy of a 911 call and a complete police report.
- Witness testimonies and statements for accuracy.
- Alleged victim’s bodily harm and medical evaluation
- Inconsistencies in any damage at the scene and the allegations against you.
- Past incidents of violence, when applicable.
- Whether the prosecutor can prove the case against you beyond a reasonable doubt or it’s a case of “he said, she said”
Domestic violence cases are very emotional, which may cause the alleged victim to provide exaggerated statements to the responding police officers, or a biased approach causing an arrest that had very little evidence to support the claims.
Trust the attorneys at Fedalei & Reid Law, LLC to get to the heart of the matter and gather evidence to build and support a solid defense strategy against the allegations and charges.
Get the Legal Help You Need Now
Don’t try to navigate the challenging legal process alone if you face domestic violence charges in Greenville, SC. Don’t wait to get the legal help you need either.
Our team of experienced Greenville domestic violence defense attorneys at Fedalei & Reid Law, LLC is here to help protect your rights and build a strong defense on your behalf.
With our experience and dedication, we can help you achieve the best possible outcome for your case. Contact us today at (864) 668-1661 for your no-cost, confidential consultation, and let us fight for your freedom and future.