A state senator from the upstate has recently introduced legislation calling for mandatory life without the possibility of parole sentences for those with a prior conviction for a serious offense who are convicted of CDVHAN. Under existing law CDVHAN carries a possible sentence of one (1) to ten (10) years in prison. This proposed legislation, if it becomes law, will subject those who are arrested for CDVHAN to a very real possibility of never being released from prison.
This push to further increase the penalties for CDVHAN, a crime that does not require any actual physical harm to be suffered, to even higher levels shows the seriousness that the government and law enforcement take domestic violence prosecution.
What is the difference between CDV and CDVHAN?
South Carolina has four tiers of CDV offenses. They are CDV 1st, CDV 2nd, CDV 3rd + and CDVHAN. The only offense that is prosecuted in the Magistrate, Municipal or CDV Court is CDV 1st. All other offenses are considered General Sessions level, although only CDV 3rd and CDVHAN are felonies.
There is no requirement that someone have any prior criminal record to be charged with CDVHAN rather than CDV 1st. Police will arrest for CDVHAN when they are told or they believe that a weapon was involved, or that the alleged victim suffered a serious injury or that an effort was made to cause a serious injury.
Contact a CDVHAN Defense Lawyer
If you or a loved one has been charged with CDVHAN in South Carolina contact the
Law Office of James R. Snell, Jr., LLC, of Lexington, S.C. at
1-888-301-6004. We provide initial consultations at no cost to prosective clients at our office located at 316 South Lake Drive, Lexington.