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Domestic Violence Lawyers

Aggressive Criminal Domestic Violence Attorneys in South Carolina

If you or a loved one has been arrested and charged with domestic violence in South Carolina, you need an experienced Domestic Violence Lawyers who will fight to protect your rights. The attorneys at the Strom Law Firm, LLC handle all criminal charges, practicing in courts throughout South Carolina, and we provide an aggressive and proactive defense to every client we represent.

What is Domestic Violence?

Under South Carolina law, domestic violence charges can involve an accusation against a spouse, girlfriend or boyfriend, or household member.

Just because you were arrested and charged with domestic violence (also known as criminal domestic violence or CDV) does not mean that you are guilty. Many factors need to be considered when preparing your defense after your arrest, which is why contacting a qualified Domestic Violence Lawyers at the Strom Law Firm immediately after arrest is imperative.

As defined by the South Carolina statute, domestic violence is physical harm or the threat/attempt to cause physical harm to a household member.

A household member is defined as being male and female and are either:

  • Married
  • Used to be married
  • Live togetherdomestic violence lawyers
  • Used to live together
  • Share a child in common.

Domestic violence sometimes is a pattern of behavior used by the aggressor to establish power and control over another person.  The violence can be physical such as hitting, slapping, or shoving. Still, it can also be emotional or psychological abuse, such as threatening physical harm to self, partner, or partner’s friends, family, or children. With South Carolina ranking worst in the nation for deadly violence against women according to a report released in September 2015 by the Violence Policy Center, law enforcement are feeling extra pressure to protect the Victim.

What Happens if I’m Found Guilty?

If charged with domestic violence, building an appropriate defense from the beginning is of vital importance.  A guilty conviction can affect your professional and personal life.

A domestic violence conviction can have severe consequences, including:

  • Imprisonment
  • Lost child custody or visitation rights
  • Large fines
  • Mandatory community service
  • Counseling or anger management classes
  • A permanent mark on your criminal record
  • Loss of your right to carry a firearm

Domestic Violence Penalties

All domestic violence crimes  (1st, 2nd, and 3rd degree) have the same base element-the Defendant inflicted physical harm to a household member OR offered/attempted to cause physical harm with the present ability to do so.

First Degree Domestic Violence

SC Code §16-25-20(B)

Penalty: 0-10 years (classified as a felony)

Defendant physically harmed the Victim or threatened to physically harm the Victim and had the ability, at that particular moment, to follow through with the threat; AND either:

  • Has two or more prior DV convictions within the past ten years; OR
  • Harm inflicted is categorized as great bodily injury and involves:
    • substantial risk of death
    • substantial risk of serious permanent disfigurement
    • substantial risk of protracted loss or impairment; OR
  • Defendant used a gun; OR
  • Defendant committed 2nd-degree domestic violence AND either:
    • Defendant was in the process of violating Protection Order; OR
    • Defendant knew or should have known Victim was pregnant; OR
    • Defendant was in the process of committing a robbery, burglary, theft or kidnapping (Accused broke into a place where the Victim was without permission); OR
    • Defendant chokes, smothers Victim blocking airway; OR
    • Defendant blocks Victim’s use of their cell phone, landline phone or any other electronic communication interfering with the ability to request assistance from law enforcement

Second Degree Domestic Violence

South Carolina §16-25-20(C)

Penalty: 0-3 years and/or $2500-$5000 fine (categorized as a misdemeanor)

Defendant physically harmed the Victim or threatened to physically harm the Victim and had the ability, at that particular moment, to follow through with the threat; AND either:

  • The harm inflicted is categorized as moderate bodily injury and involves:
    • Prolonged loss of consciousness
    • Temporary/moderate disfigurement
    • Temporary loss of function of bodily member (toes, arms, fingers, etc.) or organ(s)
    • medical treatment requiring regional or general anesthesia
    • broken or fractured bones; OR
  • Defendant has one prior domestic violence conviction within the past ten years; OR
  • Committed 3rd-degree domestic violence AND either:
      • was in the process of violating a protection order: OR
      • defendant knew or should have known Victim was pregnant; OR
      • minor was present or perceived the event; OR
      • offense committed during a robbery, burglary, kidnapping, or theft; OR
      • offense committed by impeding Victim’s breathing or airflow; OR
      • Defendant blocks Victim’s use of their cell phone, landline phone or any other electronic communication interfering with the ability to request assistance from law enforcement

Third Degree Domestic Violence

South Carolina §16-25-20(D)

Penalty: 0-90 days and/or $1000-$2500 fine (categorized as misdemeanor)

Defendant physically harmed the Victim or threatened to physically harm the Victim and had the ability, at that particular moment, to follow through with the threat.

Domestic Violence of a High and Aggravated Nature

South Carolina §16-25-65

Penalty: 0-20 years (categorized as a felony)

Evidence shows that the Defendant either:

  • Committed the offense with extreme indifference to the value of human life AND great bodily injury occurs, which includes:
    • substantial risk of death
    • substantial risk of serious permanent disfigurement
    • substantial risk of protracted loss or impairment; OR
  • Committed the offense with extreme indifference to the value of human life AND the threat of great bodily injury or death is inferred by the Victim (i.e., Defendant commits the offense by placing a gun to the Victim’s head); OR
  • A defendant violates a protection order AND, in the process, commits DV 1st degree.

DV Process

An officer responding to the call may identify who they deem to be the primary aggressor; if a physical injury is noted, no matter how slight, the call can end with someone going to jail. The officer does not need the Victim’s cooperation to proceed forward with a charge.

After arrest, the decision of whether to proceed lies in the hands of a prosecutor, requiring the immediate assistance of a DV defense attorney who knows the system. Regardless of the circumstances, being accused of domestic violence is a serious charge that can result in serious consequences. It can tear apart your family, result in prison time, or end your career.

Even if the Judge releases you on bond, conditions may be placed on that bond, acting as a Protection Order to the Victim, which may force you to leave your home and stay away from your spouse or significant other while awaiting trial. One of the criminal defense lawyers or domestic violence lawyers at Strom Law Firm can help.

Contact the Domestic Violence Lawyers at the  Strom Law Firm

On June 4, 2015, the Governor signed into law the Domestic Violence Reform Act, which nullified the old criminal domestic violence laws which had been in effect in the state of South Carolina for years.  However, the passing of the new reform act has caused heated debates regarding the definition of household members and equality in SC’s.  Representing Strom Law Firm, domestic violence lawyers Bakari Sellers and Alexandra Benevento, argued before the SC Supreme Court in March of 2016.  The new domestic violence law provides no remedy for domestic violence victims in an unmarried same-sex relationship.  The Supreme Court is expected to release a decision in the upcoming months.

Charged with Domestic Violence?

The Domestic Violence Lawyers at The Strom Law Firm, LLC have experience and the resources you need to challenge your domestic violence charge.  We provide aggressive representation and will provide you with a well-planned defense.  Contact us today for your free consultation.  We offer flexible payment options and accept Visa and Mastercard. We also handle domestic violence charges in Georgia.

Domestic Violence Lawyers

How this works

Step 1 - Welcome
In this step, you'll experience a warm welcome as you enter the Strom Law Firm.
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Step 2 - Initial Meeting
You'll meet with professionals. They will go through the facts of your case, explain the entire process.
2
Step 3 - Preparations
We builds your case by interviewing witnesses, conducting legal research, drafting pleadings, and hiring experts.
3
Step 4 - Trial
You'll learn that the firm is trial-ready. They've been preparing since day one and will guide you through the process.
4
Step 5 - Resolution
your case concludes with the firm hoping for a positive outcome. They assure enduring friendships and a commitment to being there for you, regardless of future legal needs.
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Mrs Vallery, who answered the phone took more care and attention to detail than any other law office, that I have called, in 2 years+. She diligently took notes to give to the lawyers and cared about my situation and let me actually tell everything without cutting me short. Out of over 100 law offices, this is rare treatment. Care. Consideration. That means more than anything going through this…
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My wife and I retained Bakari Sellers to represent our son in a case in Richland County. We found Mr. Sellers, his assistant Stephanie, and the rest of the staff at Strom, extremely courteous and professional. We really appreciated Mr. Sellers’ straightforward and honest approach. We believe this is a very competent law firm, and are satisfied with the legal outcome they achieved. We would highly recommend them!
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I have been a client with The Strom Law Firm for thirty years and have been incredibly blessed to have the assurance that they will do everything possible to provide excellent service to my needs. Ally Benevento is exceptional and represents the firm in a professional manner.
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My experience with Mario and his staff was outstanding. When everyone said to give up my case with SSDI and after being poorly represented and losing. I had to file my own appeals and represent myself. I literally called every attorney in the book. Then I called Mario cold – I expected one more no! Well, this gentleman took my case and won. He knows the law and cares a lot. I am proud to call him my friend. If you need a professional to help you, call these guys.
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Thanks Olivia, It was a pleasure working with you. You were well prepared and presented our case in a very professional manner. I could not have ask for a better outcome. Working with everyone at the Strom Law Firm has always been a pleasure and I will be happy to recommend your Law Firm to anyone.
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Needed a lifesaver. I had gotten myself into a bad situation and the possibility of going to prison. Through the diligence and hard work done by attorney Alley B., I was able to walk out of that courtroom a free man. No tricks just hard down attorney work. She was an A1 professional and knew every inch of the Law pertaining to my case. For that, I am forever grateful.
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John Alphin was great. We basically worked together for 22 months. Bakari Sellers was also on the team and together those 2 guys were fabulous. Won the case and I’m still a client of Strom law firm. Thank you and awesome law firm.
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Strom Law Firm was really great and professional. I had a great experience with Mario as my attorney and his paralegal, Brian. These two are amazing, they worked very hard on my husband’s workman’s comp case and we were very pleased with the services and results 👍. Brian was so prompt at returning phone calls and getting things ready for the case. I strongly recommend this firm for any of your legal matters. If I had to use you guys again, I would be happy to do so.
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