John Crangle, a Domestic Violence Lawyer who serves clients throughout the 13th Judicial Circuit, defends CDV charges of all degrees. He knows how to protect your record, freedom, and future. His deep understanding of local court procedures and familiarity with Greenville County judges and prosecutors can provide a strategic advantage.
Over 1000 Clients Represented
You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
“Mr. Crangle did a great job in handling my legal issue. Quick, polite, easy to work with, and affordable. Definitely would recommend!”
Vincent D“100% recommend John for any ongoing case. He got my case dismissed. Best criminal defense in the upstate.”
Johnathan MWhat is CDV 2nd Degree in South Carolina?
South Carolina law, particularly S.C. Code § 16-25-20, defines domestic violence based on injury severity, past records, and aggravating factors. CDV 2nd Degree is considered more severe than CDV 3rd Degree but less serious than felony CDV 1st Degree.
CDV 2nd Degree occurs when someone harms or attempts to harm a household member, and at least one of these conditions exist:
Moderate bodily injury is caused or an action that could result in such harm
A protection order is breached while committing CDV 3rd Degree
One has a prior CDV conviction within ten years
The act is committed in front of a minor
The act involves a known or should-be-known pregnant person
The act coincides with robbery, burglary, kidnapping, or theft
The victim’s phone access is obstructed to prevent calling for help
Moderate bodily injury refers to incidents like broken bones, dislocated joints, or injuries requiring stitches or surgery. Prosecutors often use ER records and photographs as evidence. Defining “moderate bodily injury” can be nuanced; South Carolina courts may interpret it differently depending on the specifics of the case.
“Household member” covers spouses, former spouses, co-parents, intimate partners, and those currently or previously living together, regardless of residency status. Understanding these definitions is crucial, as the classification of a relationship can significantly impact the case.
CDV 2nd Degree is considered a lesser-included offense compared to CDV 1st Degree and CDVHAN. You could be convicted of CDV 2nd Degree when charged with a higher degree, and the state might use CDV 2nd Degree as a step toward a first-degree or felony charge.
Penalties for CDV 2nd Degree in Greenville, SC
Under S.C. Code § 16-25-20(C), a CDV 2nd Degree conviction, a misdemeanor, can lead to:
A $2,500 to $5,000 fine
Up to three years in prison
Or both
Sentences may be suspended with probation, often requiring completion of a domestic violence intervention program. Nevertheless, the conviction remains. Judges in South Carolina have discretion in sentencing, and having an attorney who can argue for leniency or alternative sentencing is crucial.
Consequences extend beyond legal penalties:
Firearms: Federal law, under the Lautenberg Amendment, prohibits anyone convicted of domestic violence from possessing firearms. This impacts law enforcement, hunters, and anyone legally owning firearms before the conviction.
Employment: CDV convictions appear on background checks, affecting positions requiring security clearances, professional licenses, or involving vulnerable populations and trust.
Immigration: Convictions may trigger removal proceedings, deny adjustment status, or bar naturalization for non-citizens. Understanding these implications is essential, particularly for those on work or student visas.
Family Court: A CDV conviction affects child custody proceedings, raising doubts about safety and care.
Subsequent CDV Charges: A CDV 2nd Degree conviction counts as a prior conviction for ten years, influencing any future CDV offense, potentially elevating it to a felony CDV 1st Degree. This means even minor allegations in the future could lead to more severe consequences.
Expungement opportunities for CDV 2nd Degree convictions are limited. Discuss Expungement options with your attorney before a plea decision.
How CDV 2nd Degree Cases Are Prosecuted in Greenville County
The 13th Judicial Circuit Solicitor’s Office, along with the Court of General Sessions, prosecutes these cases. For first-time defendants, it isn’t a summary court charge, with specifics influencing each case’s process.
Greenville County honors South Carolina’s “no-drop” policy, allowing prosecution regardless of victim cooperation. Using police statements, medical records, photos, 911 recordings, and body camera footage, cases are built. A withdrawing or recanting victim complicates but does not prevent prosecution.
“Moderate bodily injury” is typically supported by ER records and photos. Prosecutors argue that any injury meeting legal definitions, including broken bones or dislocated joints, suffices.
If a prior conviction serves as an aggravator, prosecutors provide documentation to confirm that it falls within the ten-year window. Out-of-state CDV convictions may also be considered predicate offenses in South Carolina.
Bond conditions, often involving no-contact orders and restrictions on returning to a shared residence, are addressed by the Solicitor’s Office at the first appearance. Understanding these conditions is essential, as violating them can result in additional charges.
Defense Strategies for CDV 2nd Degree
Challenging moderate bodily injury: The “moderate bodily injury” standard is legal, not purely medical. Your attorney might engage a medical skilled to review records, arguing that injuries don’t meet the definition. Lack of proof can reduce the charge to CDV 3rd Degree.
Self-defense: Self-defense is a full defense against CDV charges in South Carolina. It’s crucial to demonstrate the alleged victim as the aggressor, justifying proportional force. Evidence of prior threats or a history of violence might support this claim.
Disputing the aggravating factor: CDV 2nd Degree requires proving at least one aggravating factor beyond a doubt. When involving a prior conviction, it must be proven with court records. Identifying procedural errors or lack of evidence can challenge this aspect.
Questioning witness credibility: The victim’s statement to police on the incident night might be the most damaging. Discrepancies in later accounts, physical evidence, or 911 recordings could weaken the prosecution’s case.
Negotiating a plea to CDV 3rd Degree: If suitable, your lawyer might negotiate for a CDV 3rd Degree resolution. This offense carries lesser penalties and offers better expungement prospects. Understanding when and how to negotiate is crucial for defense.
One critical timing issue in CDV 2nd Degree cases is the bond hearing. Greenville County bond courts impose no-contact and no-return-to-residence conditions almost automatically on domestic violence arrests. Violating those conditions before trial creates a separate criminal charge and damages your credibility with the court. Your attorney can argue at the bond hearing for modified conditions that protect your housing and your relationship with your children, without conceding guilt.
Suppressing evidence: Any statements taken without Miranda rights, or evidence from unconstitutional searches, should be challenged before trial. Ensuring your rights were preserved during investigation and arrest is a key defense area.
Why You Need a CDV 2nd Degree Lawyer in Greenville
With possible three-year jail time, permanent firearm rights loss, and a criminal record, stakes are high. The misdemeanor label should not be underestimated. The nuances of South Carolina law make it essential to have skilled representation.
John Crangle defends CDV charges across Greenville County and the 13th Judicial Circuit. He understands the evidence prosecutors rely on, successful defenses, and negotiation nuances with the Solicitor’s Office. With experience in handling all CDV degrees, he offers insights on the implications of a conviction for your situation.
When Violation of Protective Order charges accompany CDV 2nd Degree, both must be defended together. John Crangle’s experience as a Violent Crimes Lawyer ensures comprehension of related charges’ interaction.
Contact John Crangle for a confidential discussion about your CDV 2nd Degree case in Greenville, South Carolina.