The charge of aggravated domestic violence should be handled carefully and aggressively with an experienced domestic violence lawyer by your side to fight for your rights. If you are facing this charge, immediately contacting an attorney to help you through this difficult time is absolutely vital. Under South Carolina state law, different degrees of domestic violence carry different criminal penalties. First, second, and third degrees of domestic violence are categorizations used to determine the severity of the crime committed. In cases that are more severe than others, a charge of “domestic violence of a high and aggravated nature” may be imposed. Learn the determining factors of this type of domestic violence case so you can better understand the situation you may be facing. It’s crucial to partner with a lawyer as soon as possible in order to achieve the best possible outcome of your case.
What Is Domestic Violence of a High and Aggravated Nature?
Domestic violence is considered to be high and aggravated when an individual commits assault or injury while using a deadly weapon. A deadly weapon is defined as an object, such as a gun or knife, that is typically used to inflict injury and to cause harm.
If the individual inflicts severe bodily injury on a victim, that individual will likely be faced with a charge of domestic violence of a high and aggravated nature. Great bodily injury is defined as an injury that poses a clear, apparent risk of serious physical harm, disfigurement, or dismemberment. If a violent action causes a victim to sustain impairment or even come close to death, the court will likely constitute this as great bodily injury.
Domestic violence of a high and aggravated nature means the person committing the violence demonstrated an extreme indifference to human life that would likely lead to death or serious injury. If that person tries to hinder another person’s ability to breathe by covering their nose or mouth, stopping their blood circulation, or otherwise encouraging a loss of consciousness, this increases the severity of a domestic violence case.
What Other Actions Can Lead to This Charge?
South Carolina law specifically states that if the defendant knowingly hindered the victim’s ability to call 911 or ask for help, there is an increased chance of being charged with domestic violence of a high and aggravated assault because that proves the defendant was aware of the severity of their actions.
Domestic violence charges carry a very serious stigma. In addition, you may lose certain legal rights if you are in fact convicted of a severe domestic violence charge. You may lose the legal right to possess a firearm or other legal penalties.
The sooner you contact a skilled lawyer, the stronger the chances of reducing the penalties by leveraging the facts of your case to help you. Remember that every citizen of the US has the right to an attorney and a fair trial.
Can an Attorney Help with Domestic Violence Charges?
If you have been accused of first, second, or third-degree criminal domestic assault, The Leddy Law Firm, LLC can help. Those who have been accused of domestic violence of a high and aggravated nature should partner with a compassionate, skilled attorney as soon as possible to ensure property advocacy in court. While criminal domestic charges often carry severe penalties including jail times and fines, it’s possible your charges can be lessened with the help of an experienced attorney.