Domestic violence in the third degree is the most common charge. It is a misdemeanor under S.C. Code § 16-25-20(D) punishable by a fine of $1,000 to $2,500, up to 90 days in jail, or both, and it is usually tried in magistrate or municipal court. Second degree carries up to three years and a fine of $2,500 to $5,000; first degree is a felony with up to ten years; domestic violence of a high and aggravated nature carries up to twenty. Any conviction brings a federal lifetime firearm ban. A first-offense third-degree conviction can be expunged after five years, and many first-time cases qualify for pretrial intervention.
Who counts as a household member
South Carolina's domestic violence statute (S.C. Code § 16-25-20) applies only to “household members”: spouses and former spouses, people who have a child in common, and a man and woman who live together or have lived together. An argument with a roommate of the same sex, a sibling or a dating partner you have never lived with is charged as assault, not domestic violence, and the difference matters because the domestic violence label carries the firearm ban and the longer expungement wait. The offense itself is causing physical harm to a household member, or offering or attempting to cause harm with the apparent present ability to do so, in a way that creates fear of imminent peril.
The three degrees, and what moves a case up
| Charge | Court | Penalty | What puts a case in this degree |
|---|---|---|---|
| Third degree, § 16-25-20(D) | Magistrate or municipal court (or General Sessions at the solicitor's election) | Misdemeanor: $1,000 to $2,500 fine, up to 90 days, or both | The basic offense with none of the aggravating facts below |
| Second degree, § 16-25-20(C) | General Sessions | Misdemeanor: $2,500 to $5,000 fine, up to 3 years, or both | Moderate bodily injury or the likelihood of it; a prior domestic violence conviction within ten years; violating a protective order; committing the act in front of a minor, against a pregnant woman, during a robbery, burglary, kidnapping or theft, or by impeding breathing or circulation |
| First degree, § 16-25-20(B) | General Sessions | Felony: up to 10 years | Great bodily injury or the likelihood of it; two or more prior convictions within ten years; use of a firearm; or a second-degree aggravator committed while a protective order is in place |
| High and aggravated nature, § 16-25-65 | General Sessions | Felony: up to 20 years | Extreme indifference to human life, great bodily injury, or an offense committed with a deadly weapon or while a protective order is in place |
Assault and battery in the third degree is a lesser-included offense of domestic violence in the third degree, which is one reason the facts in the incident report matter so much: the same shove can be charged three different ways.
What happens the first week
- Arrest. Officers responding to a domestic call are trained to identify a primary aggressor and make an arrest. It is not unusual for the person who called 911 to be the one arrested.
- Bond hearing within 24 hours. In Dorchester County, bond court sits at the Summerville magistrate's office at 9 a.m. and 3 p.m. every day, including weekends. The judge will almost always impose a no-contact condition covering the other person and often the shared home. Violating it, even by answering a text the other person sent, is a new charge and a revoked bond.
- Living arrangements. You may need a police escort to retrieve belongings. We handle the requests to modify bond conditions when the family wants contact restored, and judges grant them far more readily when counsel presents a plan.
- The case. The State, not the alleged victim, decides whether to prosecute; a request to “drop the charges” does not end the case. Evidence comes from the 911 recording, body-camera video, photographs, medical records and statements, and third-degree cases in magistrate court often move to a bench or jury trial within a few months.
Consequences beyond the sentence
Any domestic violence conviction, including third degree, triggers the federal lifetime prohibition on possessing firearms and ammunition for a misdemeanor crime of domestic violence. South Carolina adds its own prohibition (S.C. Code § 16-25-30), whose length depends on the degree, and the judge must warn you about it at sentencing. For a hunter, a police officer, a service member or anyone with a concealed-weapons permit, that alone changes the calculus. Convictions also surface in custody cases, security-clearance reviews, immigration proceedings and employment background checks, and a domestic violence conviction waits five years for expungement rather than three.
How these cases are defended
- Self-defense and defense of others. South Carolina law protects the person who was actually attacked, and the first person to call 911 is not always that person.
- The body-camera video often tells a different story than the incident report. Jack reviews every minute, because he wrote reports like these for fourteen years.
- Inconsistent statements between the 911 call, the scene interview, the written statement and later testimony.
- Injuries that do not match the description, or none at all, and photographs taken hours later that show something different.
- The household-member element. If the relationship does not fit the statute, the charge is not domestic violence.
- Pretrial intervention. First-time third-degree cases are often eligible; completing the program ends in a dismissal and an expungement rather than a conviction.
- Negotiated outcomes that avoid the domestic violence label, such as a plea to a non-domestic offense, when the evidence supports one.
Where these cases are heard
Third-degree charges from the Dorchester County Sheriff's Office are heard at the Summerville magistrate's court at 212 Deming Way; charges from the Summerville Police Department go to Summerville Municipal Court; Berkeley and Charleston County cases go to their magistrate and municipal courts. Second-degree and higher charges go to General Sessions in St. George, Moncks Corner or Charleston. Jack appears in all of them.
Frost first: do not contact the other person to “work it out,” even if they reach out first. Call us; we will address the no-contact order through the court.
Arrested for domestic violence?
Call before the bond hearing if you can, and before you talk to anyone if you cannot.
Questions people ask
What is the penalty for domestic violence 3rd degree in South Carolina?
A fine of $1,000 to $2,500, up to 90 days in jail, or both. It is a misdemeanor, usually heard in magistrate or municipal court, and it carries a federal firearm ban and a five-year wait for expungement.
Can the victim drop domestic violence charges in South Carolina?
No. Only the prosecutor can dismiss a charge. The alleged victim's wishes matter, but the State decides.
Can I go home after a CDV arrest?
Not if the bond order says no contact with the other person or the residence. We can ask the court to modify the conditions once things have settled.
Is domestic violence 3rd degree a felony in SC?
No. Third and second degree are misdemeanors, although second degree carries up to three years. First degree and domestic violence of a high and aggravated nature are felonies.
Can third-degree domestic violence be expunged?
A first-offense third-degree conviction can be expunged after five years with no other convictions. A charge dismissed through pretrial intervention or otherwise can be expunged as soon as the case is closed.
Will I lose my gun rights after a domestic violence conviction?
Yes. Federal law imposes a lifetime ban on possessing firearms and ammunition after any misdemeanor crime of domestic violence, and South Carolina adds its own prohibition.
Related pages
Bond hearings
How bond is set, getting out, and changing conditions later.
Learn moreExpungements
Who qualifies, waiting periods, the fees, the circuit solicitors and the process.
Learn moreArrest warrants
Confirming a warrant, lifting a bench warrant, and surrendering with counsel.
Learn more