deadly weapon
Any pistol, dirk, slingshot, metal knuckles, razor, or other instrument which can be used to inflict deadly force
great bodily
... [Show More] injury
bodily injury which causes substantial risk of death or which causes serious, permanent disfigurement or impairment of the function of a bodily member or organ
moderate bodily injury
physical injury that involves prolonged loss of consciousness or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia or injury that results in a fracture or dislocation; does not include one-time treatment and subsequent observations of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care
prior conviction of domestic violence
conviction of any crime, in any state, containing among its elements the same elements or similar to those of SC law
Protection order
Any order of protection, restraining order, condition of bond, or any other similar order issued in this state or another sate or foreign jurisdiction for the purpose of protecting a household member
Firearm
Pistol, revolver, rifle, shotgun, machine gun, submachine gun. or an assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition
"Household member" means
Spouse
Former spouse
Persons who have a child in common
A male and female who are cohabitating or have previously cohabitated
Obergefell v. Hodges
States obligated to recognize same-sex marriage from other states.
Domestic violence third degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
Domestic violence second degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-Moderate bodily injury results
-the offender violates a protection order
-the offender has a prior conviction for DV in the past 10 years
OR
-In the process of committing DV third:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling emergency services
Domestic violence first degree
-To cause, offer, or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-Great bodily injury results
-the offender violates a protection order
-the offender has two prior convictions for DV in the past 10 years
-the offender uses or presents a firearm
OR
-In the process of committing DV second:
~the offense is committed in the presence of or perceived by a minor
~the victim is pregnant and the offender knew or should have known
~the DV is committed during the commission of a robbery, burglary, kidnapping, or theft
~the victim's breathing or air flow is impeded
~the offender physically restricts the victim from reporting to or calling emergency services
Domestic violence of a high and aggravated nature
-To offer or attempt physical harm
-with apparent present ability
-directed at a household member
-creating fear of imminent peril
AND
-the offender manifests extreme indifference to the value of human life and great bodily injury results or causes the victim to fear great bodily injury or death
-the offender violates a protection order in the process of committing DV first [Show Less]