A domestic violence charge can upend your life, threatening your freedom, your reputation, and your future.
In South Carolina, Domestic Violence in the Second Degree is a serious misdemeanor that can carry jail time, steep fines, and long-term consequences. But being charged does not mean you’re guilty. At The Law Offices of Trent Chambers, P.A., we fight aggressively to protect your rights and your future.
Call 843-449-0420 today for a free consultation.
What is Domestic Violence in the Second Degree?
South Carolina law defines domestic violence as causing—or attempting to cause—physical harm to a household member. A second-degree charge applies when the alleged act:
- Results in moderate bodily injury to the alleged victim
- Was committed in violation of an active protection order
- Was committed in the presence of a minor
- Involved strangulation or choking
- Included the use—or threat—of a deadly weapon
These factors elevate the charge from third-degree (a lower-level misdemeanor) to second-degree, which carries harsher penalties.
Penalties for 2nd Degree Domestic Violence
A conviction for Domestic Violence in the Second Degree in South Carolina carries:
- Up to 3 years in prison
- Fines up to $2,500
- A permanent criminal record that cannot be expunged
- Loss of firearm rights—federal law prohibits those convicted of domestic violence from owning or possessing guns
- Restraining orders that may limit where you can go and who you can contact
Beyond legal penalties, a domestic violence conviction can impact child custody, employment opportunities, and housing applications.
How We Fight Domestic Violence Cases
At Chambers Law, we understand that not every accusation is truthful or fair. We build strong defenses based on the facts, which may include:
- False accusations: Was the charge based on exaggeration, revenge, or a custody dispute?
- Self-defense: Were you defending yourself from harm?
- Lack of evidence: Can the prosecution actually prove the case beyond a reasonable doubt?
- Witness credibility: Do inconsistencies exist in statements from the alleged victim?
Domestic violence cases are complex, and prosecutors aggressively pursue convictions. That’s why you need an experienced defense attorney in your corner.
Can You Expunge a Domestic Violence 2nd Degree Charge?
Unlike some misdemeanors, a conviction for Domestic Violence in the Second Degree cannot be expunged under South Carolina law. This means it will remain on your record permanently.
However, if your charges are dismissed or you are found not guilty, you may be eligible for an expungement. Our firm works tirelessly to fight for case dismissals, reduced charges, and alternative sentencing options.
