A Domestic Violence 3rd Degree (DV 3rd) charge may be a misdemeanor, but don’t underestimate its impact.
A conviction can result in jail time, fines, a permanent criminal record, and loss of gun rights. Even a minor misunderstanding or false accusation can lead to an arrest. But being charged does not mean you are guilty. At The Law Offices of Trent Chambers, P.A., we fight to protect your rights and challenge the prosecution’s case.
Call 843-449-0420 today for a free consultation.
What Is Misdemeanor Domestic Violence (DV 3rd Degree)?
Under S.C. Code § 16-25-20, Domestic Violence in the Third Degree (DV 3rd) is the least severe domestic violence charge in South Carolina, but it still carries serious consequences.
To be charged with DV 3rd Degree, the state must prove:
To be charged with DV 3rd Degree, the state must prove:
- You caused or attempted to cause physical harm to a household member
- You threatened harm, causing the alleged victim to fear immediate danger
- The alleged victim is a household member—such as a spouse, former spouse, live-in partner, or someone you share a child with
Even if no injuries occurred, the mere accusation of a threat can lead to arrest.
Penalties for Domestic Violence 3rd Degree
DV 3rd Degree is a misdemeanor, but the penalties can still be harsh:
- Up to 90 days in jail
- Fines of $1,000 to $2,500
- Loss of gun rights—federal law prohibits those convicted of domestic violence from owning firearms
- Possible mandatory counseling or domestic violence intervention programs
- Potential restraining orders, limiting your ability to return home or see your family
While DV 3rd Degree carries lower penalties than felony domestic violence charges, a conviction cannot be expunged and will stay on your record permanently.
Common Scenarios Leading to DV 3rd Degree Charges
Law enforcement does not need physical evidence to make an arrest for domestic violence. Common situations that result in a DV 3rd arrest include:
- An argument that escalates, where one person claims they were threatened
- A neighbor or bystander calling the police, even when no violence occurred
- An alleged victim with minor injuries, such as redness or scratches
- A misunderstanding, where an argument is mistaken for an act of violence
Because South Carolina has a mandatory arrest policy, officers must make an arrest if they believe domestic violence occurred—even if the alleged victim does not want to press charges.
How We Defend DV 3rd Degree Charges
At Chambers Law, we build strong defenses based on the facts. Common defense strategies include:
- False allegations: Was the accusation made out of anger or revenge?
- Self-defense: Were you protecting yourself from harm?
- Insufficient evidence: Is the state relying on hearsay or weak evidence?
- Violation of your rights: Were you arrested without probable cause?
We aggressively challenge the prosecution’s case to seek a dismissal, reduction, or acquittal.
Can You Expunge a DV 3rd Degree Conviction?
A conviction for DV 3rd Degree can be expunged under South Carolina law after 5 years with no other convictions.
However, if your charges are dismissed or you are found not guilty, you may be able to have the arrest removed from your record. Our goal is to prevent a conviction, so you don’t have to deal with the long-term consequences.
Options for Resolving a DV 3rd Degree Charge
After reviewing your case, we explore all possible options, including:
- Pre-Trial Intervention (PTI): If eligible, completing this program can result in dismissal.
- Plea Bargaining: Negotiating a DV 3rd charge down to a lesser offense.
- Jury Trial: If necessary, we will aggressively fight your case in court.
Even if the alleged victim wants to drop the charges, prosecutors often refuse. That’s why you need an experienced defense attorney on your side.
