Facing a domestic violence charge in South Carolina can be overwhelming, especially if you acted in self-defense. Fortunately, South Carolina law allows defendants to assert self-defense when contesting domestic violence charges. If properly raised, self-defense can shift the burden to the prosecution to prove beyond a reasonable doubt that your actions were not justified.
When Does Self-Defense Apply in a Domestic Violence Case?
To successfully claim self-defense in a South Carolina domestic violence case, a defendant must generally establish the following elements:
- You Were Not the Aggressor – You must not have provoked the altercation.
- You Had a Reasonable Fear of Immediate Harm – You must have had a genuine and reasonable belief that you were in danger of imminent bodily harm.
- Your Response Was Proportional to the Threat – The level of force used must be appropriate to the perceived danger.
How Self-Defense Affects a Domestic Violence Case
If a court determines that self-defense applies, the prosecution must disprove your claim beyond a reasonable doubt. This high standard makes self-defense one of the most powerful legal defenses available in domestic violence cases. However, successfully raising self-defense requires careful preparation and legal strategy.
Why You Need a Skilled Criminal Defense Attorney
Domestic violence charges carry serious consequences, including possible jail time, fines, and restrictions on firearm ownership. If you believe you acted in self-defense, it’s critical to have an experienced attorney present your case effectively. Attorney James Snell has over 20 years of experience defending clients in misdemeanor and felony domestic violence cases throughout South Carolina.
At The Law Office of James R. Snell, Jr., LLC, we offer free consultations to discuss your case and explore your defense options. Call (803) 359-3301 to schedule an appointment at our Lexington, SC office.