Common Defenses Against Domestic Violence Charges in South Carolina and Georgia
January 04, 2023
Domestic violence charges can have severe legal, social, and professional consequences. Unfortunately, false accusations and misinterpretations of events can lead to wrongful arrests and convictions.
In South Carolina and Georgia, domestic violence is defined as physical harm, attempted harm, threats, harassment, or intimidation between household members or individuals in intimate relationships. Because these incidents often occur in private settings, they can be difficult to prove—and just as difficult to defend against.
Suppose you have been charged with domestic violence. In that case, you need an experienced criminal defense attorney who can develop a strong defense strategy to protect your rights.
Common Defenses Against Domestic Violence Charges
1. Self-Defense
Legally Justified Use of Force: You have the right to protect yourself or others if you reasonably believe you are in imminent danger.
Proving Self-Defense: A strong self-defense argument may require:
- Witness testimony from family members, neighbors, or bystanders
- Medical evidence supporting defensive injuries
- History of threats or violence from the alleged victim
- Inconsistencies in the accuser’s statements
Example: If your partner was physically attacking you, and you acted in reasonable self-defense, your attorney can present evidence to support your claim and challenge the charges.
2. False Allegations
Why Do False Accusations Happen?
- Divorce or child custody disputes
- Jealousy, revenge, or anger
- Mental health issues
- Attempt to gain an advantage in legal proceedings
How to Defend Against False Accusations:
- Expose inconsistencies in the accuser’s statements
- Prove the accuser had a motive to lie
- Use text messages, emails, or recordings to contradict claims
- Obtain witness testimony that refutes the allegations
Example: A former partner falsely accuses you of abuse to gain full custody of your child. A skilled defense lawyer can examine their motives, challenge their credibility, and present counter-evidence.
3. Lack of Evidence
Burden of Proof Falls on the Prosecution – The prosecution must prove beyond a reasonable doubt that a crime occurred.
Insufficient or Weak Evidence Can Result in Dismissal:
- No visible injuries or medical reports
- Lack of property damage or physical evidence
- No independent witnesses
- Alleged victim recants their statement
Example: If the accuser claims physical harm but has no injuries, and no witnesses or physical evidence to support the claim, your lawyer can argue lack of proof and push for case dismissal.
4. Mistaken Identity or Misinterpretation of Events
Wrongly Identified as the Offender – The victim may have been confused, intoxicated, or mistaken about the attacker’s identity.
Proving an Alibi:
- Surveillance footage, phone records, or GPS data proving you were elsewhere
- Eyewitness testimony confirming you weren’t involved
Example: A person in a crowded bar fight is misidentified as the attacker. If you weren’t present or didn’t commit the act, your lawyer can challenge the evidence and present an alibi.
5. Accidental Injury (No Criminal Intent)
Proving an Injury Was Unintentional – The prosecution must prove you intended to cause harm.
How to Defend Against an Accidental Injury Charge:
- Show how the injury was accidental (e.g., slipping, falling, or unintentional contact)
- Present medical testimony on the nature of the injury
- Demonstrate that there was no history of violence
Example: You were moving furniture, and the door accidentally hit your partner, causing a bruise. Your lawyer can argue a lack of intent and present evidence supporting the accidental nature of the injury.
6. Police Misconduct or Investigation Errors
Your Rights Must Be Upheld – Your attorney can challenge the evidence if law enforcement violated your rights.
Common Police Errors That Can Lead to Case Dismissal:
- Failure to read Miranda rights
- Bias in favor of the accuser
- Failure to investigate both sides of the story
- Illegally obtained evidence
Example: If the police ignored exculpatory evidence or arrested you without probable cause, your attorney can argue that your rights were violated.
Consequences of a Domestic Violence Conviction
A domestic violence conviction in South Carolina or Georgia can lead to:
- Jail time and heavy fines
- Mandatory anger management or counseling
- Loss of child custody rights
- Permanent criminal record
- Loss of firearm rights
- Professional and social consequences (job loss, housing difficulties, reputation damage)
Frequently Asked Questions (FAQs) About Domestic Violence Defense
1. Can the accuser drop the domestic violence charges?
- No, only the prosecutor can drop charges.
- Even if the alleged victim recants, the state may still pursue the case.
2. What if there were no witnesses to the alleged abuse?
- Domestic violence cases often rely on the accuser’s testimony.
- A strong defense attorney can challenge inconsistencies in their statements and lack of supporting evidence.
3. Can I be convicted of domestic violence without physical evidence?
- Yes, but the prosecution’s case is weaker without medical reports, bruises, or injuries.
- Your lawyer can argue a lack of proof to dismiss or reduce charges.
4. How long does a domestic violence case take?
- Misdemeanor cases can take weeks to months.
- Felony cases may take several months to over a year.
5. Can I own a firearm if I’m convicted of domestic violence?
- No – A domestic violence conviction prohibits firearm ownership under federal law.
6. Will a domestic violence conviction affect my job?
- Yes – Many employers conduct background checks, and a conviction can hurt job prospects.
Protect Your Future – Get Legal Help Now
Domestic violence charges can threaten your freedom, reputation, and future. A skilled defense attorney can challenge weak evidence, expose false allegations, and protect your rights.
If you’ve been charged with domestic violence, Call 843-865-8922 or contact us today to discuss your defense options.