In South Carolina, the law gives several factors for upgrading domestic violence charges to crimes carrying more serious punishment. This video by South Carolina criminal defense attorney Rob Usry describes one of the most important ones: the alleged injury to the victim. Rob lists the legal definitions of injuries that can lead to charge enhancement, and tells how you can help yourself defend against them.
In South Carolina several factors justify upgrading domestic violence charges. One of the most important ones is the alleged injury to the victim. Always remember the state has got to prove those injuries beyond a reasonable doubt. Domestic violence first degree can be based on great bodily injury that includes substantial risk of death, severe serious permanent disfigurement, or prolonged impairment of a body part or organ.
Criminal domestic violence second degree can be based on moderate bodily injury. That can include prolonged loss of consciousness, temporary or moderate disfigurement, temporary loss of function of a body part or organ, a broken bone, a joint dislocation, or a medical treatment that requires general or regional anesthesia.
If you've been charged with a domestic violence charge that's injury based you need an experienced criminal domestic violence lawyer who is not afraid to present your case because you may have a winning one. You need a sharp lawyer who can compare the alleged injuries of the victim to the legal definitions to potentially create reasonable doubt to get you a reduction in charge for a plea deal that you can live with or even get you acquitted at trial. I thank you for thinking about this with me and I hope I see you soon.
Feel free to schedule a free strategy session with us by calling our office at 888-230-1841.