Domestic violence is a serious national issue. In every state, there are specific arrest laws that address such sensitive matters, including mandatory arrest policies.
South Carolina is one of those states with a mandatory arrest policy. According to state law, a police officer must make an arrest if there is any sign of a physical injury and there is probable cause to believe someone is committing or has committed assault or battery, whether it is a misdemeanor or a felony offense.
Probable cause exists when all facts and circumstances would lead a reasonable person to believe that someone has committed, is committing, or is about to commit a criminal offense. Establishing probable cause takes more than just a hunch or gut feeling; rather, it takes concrete facts.
Additionally, a law enforcement official may make an arrest if probable cause is present without any sign of a physical injury. When it comes to mutual accusations, the police must determine which party is the primary aggressor of the incident.
If you or a loved one has been arrested for domestic violence in South Carolina, even an arrest can result in serious consequences. Not only can a domestic violence suspect face mandatory jail time, but he/she may also be subject to a no-contact order, which can result in forfeiting firearms and even custody issues in family court.
Since 2004, the Law Office of James R. Snell, Jr., LLC has been helping people facing domestic violence charges by providing them with aggressive and personalized legal representation. Our experienced legal team can listen to your story, figure out all your legal options, and build an effective defense strategy to help you either avoid conviction or get your charges/sentenced reduced.
Contact us today at (803) 359-3301 for an initial consultation. Serving clients in Lexington, Columbia, and beyond!