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Katherine K
Katherine K, Lawyer
Category: Criminal Law
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Experience:  Legal research expert
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What are the consequenses of a first offense CDV

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On tha day of July 4th, 2008 I was on vacation visiting my father in Charleston, SC. I had quite a few martinis and went to sleep. My fiance'' woke me up to ask me a question. I was completely disoriented and again, had a few cocktails still in my system I saw that he had my keys and thought he was taking my car. (This has never happened and I have no idea what I was thinking) however, I called the police. They came to my father''s home and spoke with my fiance'' and myself. My fiance'' told the police officer that everything was fine and I that I had thrown a flip-flop at him and hit hime in the head. The police officer arrested me for criminal domestic violence. Yes......this did happen and is not a joke. However the judge residing over the bail hearing found it comical, told us to "kiss and make up and to bring in some real criminals", and I quote. I need advice. I am an upstanding, hard working citizen and am terrified that they will throw me in jail for this "crime." Any answers?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Katherine K replied 6 years ago.

HiCustomer

I am sorry that this is happening to you. Under § 16-25-20. Acts prohibited (in part)

(A) It is unlawful to:

(1) cause physical harm or injury to a person's own household member; or

(2) offer or attempt to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

(B) Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the fine conditioned upon the offender completing, to the satisfaction of the court, and in accordance with the provisions of 16-25-20(1), a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection must be tried in summary court.


(F) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter must appear before a judge for disposition of the case.

(G) When a person is convicted of a violation of 16-25-65 or sentenced pursuant to subsection (D), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation, conditioned upon:

(1) the offender completing, to the satisfaction of the court, a program designed to treat batterers;

(2) fulfillment of all the obligations arising under court order pursuant to this section and 16-25-65; and

(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.

(H) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim.

From what you have said, there is a chance that they may be dismissed or you may be able to reduce the charges. You may want to speak to a criminal defense attorney in your area. Even though it is a misdemeanor, I imagine you probably do not want a conviction. I hope this helps and everything works out for you. Please let me know if you have additional information.

Sincerely,
Katherine

 

Katherine K, Lawyer
Category: Criminal Law
Satisfied Customers: 229
Experience: Legal research expert
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