15 Years
as Deputy Solicitor
as Deputy Solicitor
25 Years as Former Prosecutor
In the complex and ever-changing legal landscape of Domestic Violence laws in South Carolina, having a knowledgeable and experienced defense attorney by your side is essential.
Facing Domestic Violence Charges? Let Us Defend Your Future.
If you’re facing domestic violence charges in Orangeburg, SC, the situation can be overwhelming and life-changing.
Domestic violence charges can lead to severe consequences, including jail time, fines, and a permanent criminal record.
You need a strong, experienced defense attorney who understands the complexities of South Carolina’s domestic violence laws and the political pressures that influence these cases.
Tommy Scott, founder of The Scott Law Firm, is here to defend your rights and protect your future.
Why Choose The Scott Law Firm?
Tommy Scott is not only an experienced domestic violence attorney but also a former Deputy Solicitor who has seen both sides of the legal system.
His comprehensive knowledge of how domestic violence cases are prosecuted in South Carolina gives him a unique advantage in defending his clients. Here’s why The Scott Law Firm is the right choice:
- Former Prosecutor’s Insight: Tommy Scott’s experience as a former Deputy Solicitor provides him with invaluable insight into how prosecutors build and try domestic violence cases. This allows him to anticipate their strategies and effectively counter them.
- Deep Understanding of Local Courts: Tommy has extensive experience in the Orangeburg, SC courts and surrounding areas, making him familiar with the local judges, prosecutors, and court personnel who will handle your case.
- Aggressive Defense: At The Scott Law Firm, we are committed to providing a vigorous defense, whether it’s negotiating a favorable plea deal, seeking dismissal of charges, or taking your case to trial.
- Personalized Representation: We know that every case is unique. Tommy Scott will work closely with you to understand the specifics of your situation and tailor a defense strategy that best fits your needs.
Understanding Domestic Violence Charges in South Carolina
Domestic violence laws in South Carolina are rigid, and the penalties can be severe. Here’s a brief overview of what you might be facing:
- Domestic Violence Third Degree: This is the least severe DV charge and involves physical harm or the threat of harm to a household member. Penalties can include up to 90 days in jail, and/or a fine between $1,000-$2,500.
- Domestic Violence Second Degree: This charge involves moderate bodily injury or other aggravating factors, such as violating a protective order or committing the offense in the presence of a minor. Penalties include up to three years in prison and/or a fine of $2,500-$5,000.
- Domestic Violence First Degree: This is a more serious charge, often involving great bodily injury or the use of a firearm. Penalties can include up to ten years in prison.
- Domestic Violence of a High and Aggravated Nature (DVHAN): The most serious domestic violence charge, DVHAN, involves circumstances manifesting extreme indifference to human life. Penalties can include up to 20 years in prison.
DID YOU KNOW?
Many people don’t know that in South Carolina, a domestic violence charge can be brought even without physical injury; mere threats or intimidation can be enough to result in an arrest and charges.
Our Approach to Your Defense
At The Scott Law Firm, we believe in a comprehensive and strategic approach to defending domestic violence cases. When you retain us, you can expect:
- Initial Consultation: We’ll meet with you—either at our office or in jail if necessary—to learn about your case and answer your questions.
- Bond Motions: We’ll file motions to secure your release pending trial, whether it’s a motion to set bond or a motion to reduce bond.
- Thorough Investigation: We’ll conduct an independent investigation of the allegations, using private investigators, subpoenas, and FOIA requests to gather evidence.
- Legal Motions: We’ll identify all potential legal issues, research them thoroughly, and file any relevant motions to strengthen your defense.
- Witness Interviews: We’ll interview all potential witnesses, including the alleged victim if appropriate, to build a robust defense.
- Aggressive Defense: We’ll do everything legally and ethically possible to get your charges dismissed, negotiate a favorable outcome, or take your case to trial.
FAQ’s About Domestic Violence
Charges in South Carolina
1. What constitutes domestic violence in South Carolina?
Answer: In South Carolina, domestic violence involves physical harm, attempted harm, or the threat of harm against a household member. The severity of the charge—ranging from third-degree to domestic violence of a high and aggravated nature (DVHAN)—depends on factors such as the extent of injury, prior convictions, and whether a weapon was used.
2. Who is considered a household member under South Carolina law?
Answer: South Carolina law defines a household member as a spouse, former spouse, persons with a child in common, or a male and female who are currently or have previously cohabited. Same-sex couples are also protected under the state’s domestic violence laws, following a ruling by the South Carolina Supreme Court.
3. Can the alleged victim drop the charges in a domestic violence case?
Answer: No, in South Carolina, once a domestic violence charge is filed, the decision to prosecute lies with the state, not the alleged victim. The prosecutor can still pursue the case even if the alleged victim wishes to drop the charges.
4. What is a protective order, and how can it affect me?
Answer: A protective order (restraining order) is a legal order issued by a court to protect the alleged victim from further harm. It can prohibit the accused from contacting or approaching the alleged victim, and violations of the order can result in additional criminal charges. Protective orders can also affect custody, visitation, and access to shared homes.
5. How does a prior domestic violence conviction affect a new charge?
Answer: A prior domestic violence conviction can lead to enhanced penalties for a new charge, including the possibility of being charged with a higher degree of domestic violence, such as second-degree or first-degree domestic violence, even if the new incident would typically warrant a lower charge.
There is a 10 year lookback period for prior domestic violence convictions.
Take the First Step
Toward Protecting Your Rights
Don’t wait to get the legal help you need. Contact The Scott Law Firm for a free consultation to discuss your case and learn how we can help you. Tommy Scott is ready to defend your rights and fight for your future.
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