Suspended Sentence Available for Some Domestic Violence Offenses

| Apr 17, 2020 | Blog, Criminal Defense, Violent Crimes |

Domestic violence is an example of a violent offense in the State of South Carolina. The potential consequences vary based on the specific facts of the case. However, a person facing a domestic violence charge has the right to a trial. They may also receive a suspended sentence in some circumstances.

South Carolina domestic violence charges

South Carolina domestic violence charges are found in Title 16, Chapter 25 of the South Carolina code of laws. South Carolina law 16-25-10 says that a domestic violence charge may result from any physical harm or injury to a spouse, former spouse, cohabitating partner or with someone the offender has a child in common with. The maximum possible penalty depends on a variety of factors. There are a number of things that may enhance the possible penalty for domestic violence including prior offenses, blocking access to a telecommunications device, robbery or theft during the offense or impeding the breathing or airflow of the victim.

Defending against domestic violence and other violent offenses

Violent offenses (murder, assault, weapon offenses) are treated especially seriously by the courts. A person who receives a conviction for any violent offense, including domestic violence, may receive a long jail sentence. There are many aspects to preparing a strong defense, and they are all extremely important. What the offender does from the time that they are first charged through their trial or sentencing can all impact the ultimate result of the case.

Suspended sentences for domestic violence charges

In some circumstances, a person facing a domestic violence charge may be able to take advantage of a suspended sentence. A suspended sentence allows the offender to complete a domestic violence intervention program and pay restitution in exchange for a suspended sentence. A suspended sentence is not available or appropriate in all circumstances. An offender also has the right to try their case. An experienced attorney can help someone determine the best defense strategy for a domestic violence offense.