John Crangle is a Domestic Violence Lawyer who represents clients against CDV charges across the 13th Judicial Circuit. He understands the complex nature of CDVHAN cases, potential defenses, and the stakes involved. It’s not advisable to navigate these charges without legal guidance.
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 CDVHAN in South Carolina?
CDVHAN is defined under S.C. Code § 16-25-65, separate from the CDV degree framework found in § 16-25-20. This statute addresses a distinct felony offense when someone violates the basic CDV ban of § 16-25-20(A) under the following conditions:
The offense occurs under circumstances that show extreme indifference to human life, resulting in great bodily injury to the victim.
The offense occurs under circumstances that show extreme indifference to human life, possibly without actual contact, causing reasonable fear of imminent great bodily injury or death.
The accused violates a protection order while committing CDV 1st Degree.
A key phrase in the first two conditions is “extreme indifference to human life,” an elevated standard beyond typical violent behavior. South Carolina courts find this includes acts involving weapons, choking, severe beatings, or actions that put victims in real fear of death.
The second condition doesn’t always require physical harm. If the context causes a reasonable expectation of great bodily injury or death, it qualifies, even without visible injuries. This is why CDVHAN charges can arise in seemingly injury-free situations.
For the third condition, if someone subject to a protection order commits an act that qualifies as CDV 1st Degree, it automatically escalates to CDVHAN. For those under protective orders, this is a significant risk.
All standard CDV components still apply. Per S.C. Code § 16-25-10, the alleged victim must be a “household member,” which includes a spouse or ex-spouse, someone with whom the accused shares a child, current or former romantic partners, or cohabitants.
CDV 1st Degree is considered a lesser-included offense within CDVHAN. A jury may convict on CDV 1st Degree instead if appropriate.
Penalties for CDVHAN in Greenville, SC
According to S.C. Code § 16-25-65(B), CDVHAN is a felony that carries a potential sentence of up to 20 years in state prison.
It is categorized as a “serious offense” under South Carolina’s habitual offender statute, S.C. Code § 17-25-45. With two or more serious offense convictions, a person faces life imprisonment without parole.
The consequences of a CDVHAN conviction include:
Firearms: Both the federal Lautenberg Amendment and South Carolina’s CDV firearms statute prohibit firearm possession for anyone convicted of a domestic violence offense, including CDVHAN. Additionally, if a family court’s protective order includes domestic violence findings and bans firearms, possession remains prohibited while the order is in force.
Immigration: Federally, CDVHAN is classified as a violent crime, potentially leading to severe immigration consequences for non-citizens.
Employment: A felony domestic violence record affects professional licenses in almost every regulated industry, closing many career paths.
Family Court: A CDVHAN conviction significantly impacts child custody discussions.
No Bond Potential: Given its status as a violent felony, a CDVHAN charge often leads to high bond or denial of bond, highlighting the need for an attorney at the bond hearing.
The Violent Crimes Lawyer implications make it clear: CDVHAN is on par with other top-tier violent felonies in Greenville County courts.
How CDVHAN Cases Are Prosecuted in Greenville County
In Greenville County, CDVHAN cases are handled by the 13th Judicial Circuit Solicitor’s Office in the Court of General Sessions. These cases receive ample prosecutorial focus and resources.
Law enforcement charges CDVHAN in allegations involving choking, weapon usage (including makeshift weapons), severe injuries, or extreme fear scenarios. The term “extreme indifference to human life” grants prosecutors broad discretion in charging decisions.
Prosecutors use the alleged victim’s statement, medical records, photos of injuries, 911 recordings, body cam footage, and sometimes professional testimony on the violence’s physical effects, such as strangulation. The victim’s account of fear is directly relevant to the statute’s second aspect.
South Carolina enforces a “no-drop” policy, meaning CDVHAN prosecutions may proceed even if the victim recants or refuses to testify. A cooperating victim, however, greatly bolsters the case.
If a Protective Orders / Restraining Orders violation forms the basis for a CDVHAN charge, the State must prove the order’s validity and the breach.
CDVHAN charges often accompany additional allegations. Charges like kidnapping or unlawful restraint may arise if the victim was confined. Weapons charges are likely if a firearm or other weapon was involved. Multiple serious charges underscore the importance of strong defense representation.
Defense Strategies for CDVHAN
Challenging “extreme indifference to human life”: This phrase distinguishes CDVHAN from CDV 1st Degree. Your lawyer should examine whether the evidence meets this elevated standard. If the actions, while serious, don’t reach this level, the charge might be reduced to CDV 1st Degree.
Questioning injury classification: The first CDVHAN condition requires “great bodily injury.” Medical evidence must support this classification. A defense attorney can scrutinize medical records and possibly employ an independent medical skilled for alternative opinions.
Self-defense: Self-defense remains viable in CDVHAN cases. If you acted to protect yourself from severe violence, and your response was proportional, self-defense should be argued. Evidence of the victim’s prior violent behavior, any injuries you sustained, and the circumstances are critical.
Disputing the fear element: The second condition necessitates conduct that “would reasonably cause” fear of significant harm or death. This is objective. Defense can argue whether a reasonable person would’ve felt this fear, especially without physical injury.
Examining the protection order basis: When CDVHAN involves the third condition, assessing the protection order’s validity and service is essential. The State must substantiate each link in the chain leading to CDV 1st Degree.
Arguing for a lesser-included offense: If evidence supports CDV 1st Degree but not CDVHAN, stressing this can result in a CDV 1st Degree conviction, avoiding a 20-year sentence.
Suppressing evidence: Statements made without appropriate Miranda warnings or evidence gathered unlawfully should be contested.
Why You Need a CDVHAN Lawyer in Greenville
Facing 20 years in prison, permanent firearm bans, a lasting felony record, and potential immigration status loss are severe risks in a CDVHAN case.
John Crangle defends against serious CDV charges, including CDVHAN, in Greenville County. He meticulously reviews the prosecution’s file, consults professionals, challenges unlawful evidence, and seeks the best outcome, whether that’s dismissal, reduced charges, or acquittal.
The CDV 2nd Degree and CDV 3rd Degree considerations in resolving CDVHAN cases carry their own serious implications. Understanding what you agree to in plea deals is crucial and necessitates reliable legal counsel.
Expungement of a CDVHAN conviction is nearly impossible under present South Carolina law. Addressing the charge now is your best opportunity to protect your record.
Contact John Crangle immediately if you’re facing CDVHAN charges in Greenville County. Every moment is crucial in matters as serious as these.