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Holland & Usry, P.A.

Upstate Police Chief Resigns Following CDV Arrest

Posted on Aug 08, 2014

The chief of police in Iva, an Anderson County town, was recently charged with criminal domestic violence and third degree assault. According to arrest warrants, 39-year-old Police Chief Tommy Miller is accused of attempting to harm his wife by grabbing her and throwing her. Additionally, he is alleged to have repeatedly struck his 14-year-old son with a piece of wood.

What the state must prove to convict Miller of criminal domestic violence?

In order to convict a person for criminal domestic violence, the state must prove that a person caused physical harm or injury to that person’s own household member; or that the accused offered or attempted to cause physical harm or injury to his own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

Our laws define a “household member” as a spouse; a former spouse; persons who have a child in common; or a male and female who live together, or formerly lived together.

What penalty does the sentence carry?

For a first offense (which appears to be the case here), the person is guilty of a misdemeanor. This can result in a fine of between $1,000 to $2,500, or imprisonment up to 30 days. The court has the authority to suspend the sentence and order batterer’s treatment.

Additionally, a conviction of CDV—even a first offense misdemeanor—triggers a federal law which prohibits the person convicted of owning or possessing a firearm or ammunition. This is a serious problem for anybody in law enforcement who must carry a firearm.

In this case, the police chief is accused of some pretty bad behavior. Let’s remember, however, that a person charged with a crime is innocent until proven guilty and is entitled to a trial by jury. Time will tell if the police chief is convicted.

At Holland & Usry, P.A. we regularly assist those charged with criminal domestic violence and other criminal charges. If you have been charged with criminal domestic violence, you should take such a charge very seriously. While it might seem easy to simply “pay a fine,” the collateral consequences can be devastating, as we have seen with the case of Police Chief Miller who would be unable to serve in law enforcement in the future.

If you have been charged with criminal domestic violence and would like to speak with one of our criminal defense lawyers, give us a call at 864.582.0416 or toll-free at 888.230.1841, and set up a free consultation.