Domestic Violence Charges in South Carolina

Causing physical harm or injury to one's own household member, or offering or attempting to do so with apparent present ability, is criminal domestic violence. Third degree is a misdemeanor with a fine of $1,000 to $2,500, up to 90 days, or both. Second degree (moderate bodily injury, one prior domestic violence conviction within ten years, a protection-order violation, or aggravating circumstances such as a minor present, a pregnant victim, impeding the victim's breathing or air flow, or blocking access to a phone to call for help) is a misdemeanor with a fine of $2,500 to $5,000, up to three years, or both. First degree (great bodily injury, two or more prior convictions within ten years, use of a firearm, or those aggravating circumstances during a second-degree offense) is a felony punishable by up to ten years. Domestic violence of a high and aggravated nature (acting with extreme indifference to human life, for example with a deadly weapon or by choking or obstructing the nose or mouth) is a felony punishable by up to twenty years.

South Carolina's rule on court-appointed lawyers: A person entitled to counsel under the U.S. Constitution who is found by the court to be financially unable to retain counsel is to be provided counsel unless he knowingly and voluntarily waives it. The person must execute an affidavit that he is financially unable to employ counsel, setting forth all his assets. A forty dollar application fee for public defender (or appointed counsel) services must be collected; the clerk of court or other appropriate official may waive or reduce it if the person is unable to pay, and the judge may order the remainder paid during probation. If the person has some assets but not enough to retain private counsel, the court may order the assets or a portion of them paid. In emergencies courts may appoint counsel before the application is completed. S.C. Code §§ 17-3-10, 17-3-30, 17-3-45

Lawyers set their own fees, and South Carolina has rules on how they may charge. See hiring a criminal defense lawyer in South Carolina for fee rules, how to check a lawyer's license and free help.

How release before trial works in South Carolina: A person charged with a noncapital offense is to be released pending trial on his own recognizance at the first appearance unless the court determines that such a release will not reasonably assure the person's appearance as required, or that the person poses an unreasonable danger to the community or an individual. In that case the court may impose conditions such as an appearance bond with approved surety, placement in the custody of a designated person or organization, restrictions on travel, association or residence, or a requirement to return to custody after specified hours. In setting conditions the court may consider the nature and circumstances of the offense, family ties, employment, financial resources, character and mental condition, length of residence in the community, criminal convictions, and any record of flight or failure to appear, and it must consider the person's criminal record, pending and prior charges, incident reports, whether an unlawfully present alien is a substantial flight risk, gang-database status, and whether the person is already on bond for another offense. For a violent offense or firearm felony, bond must be set at the full cash amount. For certain domestic violence offenses (Chapter 25, Title 16) the bond hearing must occur within twenty-four hours after the arrest. Circuit courts may review bonds set by summary court judges. S.C. Code §§ 17-15-10, 17-15-15(D), 17-15-30, 17-15-55 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See South Carolina expungement and record sealing rules.