Understanding Domestic Violence of a High and Aggravated Nature in South Carolina and Georgia

What Qualifies as Domestic Violence of a High and Aggravated Nature (DVHAN) in South Carolina?

Under South Carolina law (S.C. Code §16-25-65), a person can be charged with DVHAN if they:

• Cause great bodily injury to a household member.
• Commit domestic violence while showing extreme indifference to human life.
• Use a deadly weapon during the commission of the crime.
• Violate an existing protective order while committing domestic violence.

What Qualifies as Aggravated Domestic Violence in Georgia?

In Georgia, domestic violence charges can be elevated to Aggravated Assault (O.C.G.A. §16-5-21) if they involve:

• The use of a deadly weapon (e.g., firearm, knife, or blunt object).
• Intentional strangulation or choking of the victim.
• Serious bodily harm that results in hospitalization or permanent disfigurement.
• A threat to kill the victim or their family.

Both South Carolina and Georgia aggressively prosecute these cases, meaning immediate legal intervention is crucial.

Examples of Domestic Violence of a High and Aggravated Nature (DVHAN) or Aggravated Domestic Violence

• Strangling or choking the victim.
• Using a firearm, knife, or other weapon to threaten or injure the victim.
• Breaking bones or causing severe injuries requiring hospitalization.
• Threatening to kill the victim or their family members.
• Attacking a victim in front of a child or during a violation of a restraining order.

A standard domestic violence charge may involve pushing, slapping, or minor threats, while DVHAN or Aggravated Assault involves serious harm or an extreme threat to life.

If you are facing these charges, contact an experienced attorney immediately at 843-865-8922.

Penalties for Domestic Violence of a High and Aggravated Nature in South Carolina

DVHAN is classified as a felony in South Carolina and carries severe penalties:

• Up to 20 years in prison.
• Hefty fines, often exceeding $10,000.
• Mandatory domestic violence counseling.
• Potential loss of child custody.
• A permanent criminal record, affecting employment and housing.

Additional Consequences

• Loss of firearm rights under federal and state law.
• Restrictions on travel, employment, and housing.
• Requirement to comply with a restraining order.

Penalties for Aggravated Domestic Violence in Georgia

Aggravated domestic violence in Georgia is a felony and may result in:

• 1 to 20 years in prison, depending on the severity.
• Fines up to $100,000, plus court costs.
• Mandatory completion of anger management or domestic violence programs.
• Permanent criminal record, impacting employment and gun ownership rights.

Repeat offenses or crimes involving firearms, minors, or serious bodily injury may lead to enhanced sentencing.

How Can a Criminal Defense Attorney Help?

If you are charged with DVHAN in South Carolina or Aggravated Domestic Violence in Georgia, you must act quickly to protect your rights. A domestic violence defense attorney can:

• Challenge the evidence presented by the prosecution.
• Identify inconsistencies in witness statements.
• Argue self-defense if applicable.
• Negotiate plea deals to reduce charges.
• Defend you at trial if necessary.

Many domestic violence cases involve false accusations, misunderstandings, or lack of evidence. The sooner you speak to an attorney, the better your chances of a favorable outcome.

Call 843-865-8922 now for a consultation.

Frequently Asked Questions (FAQs) About Domestic Violence Charges in South Carolina & Georgia

1. What is the difference between regular domestic violence and DVHAN in South Carolina?

• Regular domestic violence involves pushing, hitting, or threats that do not result in serious injury.
• DVHAN involves extreme harm, a deadly weapon, or an act that shows indifference to human life.

2. Can I be charged with aggravated domestic violence if I didn’t physically harm someone?

Yes. In Georgia, threatening someone with a deadly weapon or attempting strangulation can result in an aggravated assault charge even if no physical injury occurs.

3. Can a domestic violence charge be dropped?

Yes, but it’s not guaranteed. In many cases, prosecutors can proceed with the case even if the victim wants to drop charges. A criminal defense lawyer can work to have charges dismissed or reduced.

4. What should I do if I am falsely accused of domestic violence?

• Remain silent – Do not speak to police without an attorney.
• Do not contact the accuser – This can be used against you in court.
• Hire a defense attorney immediately – They can gather evidence and challenge false claims.

5. Will a domestic violence conviction affect my gun rights?

Yes. A conviction for domestic violence or aggravated assault can permanently revoke your right to own firearms under federal law.

6. How soon should I hire a lawyer after being charged?

Immediately. The sooner you secure legal representation, the better your chances of building a strong defense and protecting your rights.

Contact an Experienced Domestic Violence Defense Lawyer Today

If you have been accused of Domestic Violence of a High and Aggravated Nature in South Carolina or Aggravated Domestic Violence in Georgia, don’t wait. These are serious felony charges with life-altering consequences.

At Bannon Law Group, LLC, we have successfully defended clients facing serious domestic violence charges. Let us help protect your rights, freedom, and future.

Call 843-865-8922 or contact us today to schedule your confidential consultation.