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Criminal Domestic Violence Case Results

Although the no-drop policy generally prevents these cases from being dismissed outside of court, we have developed a system that has assisted many clients with receiving favorable results such as in-court dismissals, referrals into pre-trial intervention (PTI), reductions in charges, or not-guilty verdicts.

  • Charges Dismissed
    2nd Degree Domestic Violence Our client was arrested for 2nd degree domestic violence after an incident involving his wife. The circumstances of his arrest however seemed to stem more from his wife’s mental health condition rather than any criminal conduct. After raising this issue all charges were dismissed.
  • Charges Dismissed
    2nd Degree Domestic Violence Our client was arrested for 2nd degree domestic violence. This was a case prosecuted in General Sessions. The arrest came as a result of an argument he had with his pregnant wife. After being retained we conducted interviews of the witnesses and recommended our client voluntarily enter into a counseling program. As a result of completion all charges were dismissed.
  • Charges Dismissed
    Felony Domestic Violence We represented a senior citizen charged with felony domestic violence. This was a very severe charge that came as a result of an allegation that her husband had been threatened with a weapon. That allowed our client to return home. We also recommended our client voluntarily enter into a counseling program. After completing that program all charges were dismissed.
  • Charges Dismissed
    Domestic Violence James Snell was retained by a young man who had been arrested for domestic violence. He had asked for a jury trial on his own, but then moved without properly notifying the court of his new address. His case was brought to trial in his absence and he was convicted. Mr. Snell filed a motion to re-open which was granted by the court. Then, after having a new trial scheduled the case was eventually dismissed by the prosecutor. As a result our client’s record is expunged, and he no longer has to worry about this charge negatively affecting his future.
  • Charges Dismissed
    Domestic Violence Our client had an argument with his girlfriend. Police were called to help defuse the situation. The police announced though they were going to make an arrest, which took them both by surprise. James Snell was contacted in time to be at the original bond setting, and the client was allowed to sign himself out of jail and the judge did not impose a “no contact” order. At the call of the case after the alleged victim notified the prosecutor that she did not want to prosecute the court dismissed the case.
  • Dismissed
    Magistrate Court CDV

    Client was charged in Magistrate Court with 1st offense criminal domestic violence. The allegations included fighting both with the wife and another man. On the day of trial the charge was dismissed.

  • Acquitted
    Domestic Violence A female client was charged with criminal domestic violence for allegedly assaulting her boyfriend. She was acquitted of all charges after a jury trial.
  • Not Guilty
    Domestic Violence Our client was arrested and charged with 1st offense criminal domestic violence. Three witnesses testified for the State, including the responding police officers and the alleged victim. The jury returned a verdict of not-guilty.
  • Charges Dismissed
    Domestic Violence Our client was a wife and mother of three who was arrested after her soon-to-be ex-husband accused of slapping him after an argument over his infidelity. We began by notifying the court and prosecutor that we were fully contesting the charge. We then obtained prior police reports to show the alleged victim’s history of not only assaulting his wife, but also trying to use law enforcement as a weapon against her. As a result the prosecutor agreed to dismiss the charge. Our client now has a clean record and was able to keep her employment.
  • Dismissed
    Family Court Order Our client was a wife whose husband served her with a Family Court Order for Protection under the Domestic Abuse Act. He was seeking a finding of misconduct on her part, along with financial and other relief. After being retained we filed a motion with the court to dismiss. At the day of the hearing rather than deal with a contested hearing the husband dismissed the petition.
  • Charges Dropped
    Domestic Violence 2nd Degree Our client was a senior-citizen arrested for DV 2 nd degree after getting into an argument with her ex-husband. This was the first time she had ever, in her entire life, had ever been charged with a crime. She had a history of employment stability, and was really the type of person who you would never think would be arrested. But she found herself facing this serious General Sessions charge and up to three years in the South Carolina Department of Corrections. After a full review of the facts and circumstances, including using a private investigator to help document the true nature of events, all charges were ultimately dropped by the prosecutor.
  • Dismissed
    Domestic Violence 3rd Degree We represented a 64 year old woman who was arrested with DV 3 rd degree after an argument with her husband. The arrest was made after her husband of almost 20 years called police to try to help settle her down after an argument. Due to “zero tolerance” policies though of the local police department they instead arrested her and took her to the county jail. The charge was ultimately dismissed prior to the case being called for trial.
  • Plea Down to 3rd Degree
    Domestic Violence 2nd Degree Our client was arrested for DV 2 nd degree in an incident involving his wife. He was offered to plead guilty to a lesser-3 rd degree charge. After notifying the General Sessions prosecutor that no plea bargain would be accepted the charge was ultimately reduced anyway and returned to a magistrate level court. After notifying that office that there would not be any plea the charge was dismissed.
  • Not Guilty Verdict
    Domestic Violence Our client was employed as a deputy with a local Sheriff’s Department. He was arrested after his wife reported he assaulted her during an argument. After a full day of trial the jury returned a verdict of not-guilty.
  • Not Guilty Verdict
    Domestic Violence 3rd Degree We represented a man charged with Domestic Violence 3 rd degree in the Lexington County Magistrate Court. He was arrested after an ex-girlfriend alleged that he threatened to shoot her, and grabbed her leaving bruises on her arm and body. A jury trial was conducted by James Snell. After a nearly full-day of trial, including multiple witnesses for the prosecution and the defense, the jury returned a verdict of not-guilty.
  • Not Guilty Verdict
    Domestic Violence 3rd Degree Our client was arrested and charged with DV 3 rd. The allegation was that during an argument he had left bruises on his wife. The wife however gave multiple, differing accounts of what had happened. We notified the court and the prosecutor that our client would be pleading “not guilty.” On the day of the scheduled contested trial the charge was dismissed. As a result our client’s record is cleared, and he did not have to pay any fines or have any other requirements.
  • Charges Dismissed
    Domestic Violence A husband became concerned about messages and photographs that he believed his wife was sending other men on her phone. After confronting her with information about his suspicions they got into a physical argument over possession of the phone. During the police investigation it was unclear if any charges would be brought, and if so, who would be arrested. Ultimately the husband was arrested, and retained our office. On the day of the scheduled trial date the charge against him was completely dismissed. He did not have to pay any fines, fees, or court costs.
  • Dismissed
    Domestic Violence Mr. Snell was contacted by an individual who currently had two outstanding arrest warrants. One was for a CDV case in which he had already plead guilty (he had gone to court without an attorney), and he was unable to successfully complete the court ordered counseling program. The other was for a new CDV case. After being retained Mr. Snell arranged for the court to hold a hearing on the bench warrant. At that hearing the court allowed him a second chance at completing the counseling program, dismissing the arrest warrant. Several months later, after having successfully completing counseling, the remaining CDV charge was completely dismissed.
  • Charges Dropped
    Domestic Violence 2nd Degree Our female client was arrested for DV 2 nd degree after an argument with her husband. This was a case prosecuted in General Sessions by the Solicitor’s office. After reviewing the government evidence in the case, all charges were dropped prior to trial.
  • Charges Dismissed
    Domestic Violence 2nd Degree Our client was charged with DV 2 nd degree after the police alleged that the victim's nose was broken during an argument. DV 2 nd carries a possible prison sentence of up to three years. After voluntarily completing a domestic counseling program, and our case evaluation, the prosecutor agreed to dismiss the charge.
  • Dismissed
    Domestic Violence

    Our client was a young veteran who, like many other returning soldiers, had found himself caught up in the criminal justice system. After voluntarily enrolling and completing a counseling program the judge and prosecutor agreed to dismiss his domestic violence charge.

  • Dismissed
    Domestic Violence Our client was schedule to complete a term of probation when he was charged with domestic violence. This is significant, because a CDV arrest can result in probation being violated. After voluntarily enrolling and completing a counseling program the judge and prosecutor both agreed to dismiss the charge.
  • Misdemeanor Assault
    DVHAN

    Our client was charged with DVHAN for an alleged incident involving threatening his spouse with a firearm. Client was permitted to plead guilty to misdemeanor assault, allowing him to avoid prison time. This plea allowed our client to remain in the military.

  • Misdemeanor Assault
    DVHAN Our client was charged with DVHAN for an alleged incident involving assaulting a former boyfriend. Client was permitted to plead guilty to misdemeanor assault, allowing her to avoid prison time.
  • DV 3rd
    DVHAN Our client was charged with DVHAN for an alleged incident involving threatening his wife with a firearm. Client was permitted to plead guilty to misdemeanor DV 3 rd, allowing him to avoid prison time.
  • Charge Dismissed
    Felony Domestic Violence We were contacted on behalf of a client who was recently incarcerated on a failure to appear bench warrant related to a General Sessions level 3 rd Offense Criminal Domestic Violence offense. This is a felony and the maximum sentence is ten years imprisonment. The client was scheduled to remain incarcerated on the bench warrant until the conclusion of his case and any sentence that he might receive. After meeting with the client it was determined that there were special circumstances in his case that may render prosecution impractical. After we consulted with the prosecutor they agreed to lift the bench warrant and dismiss the criminal charge. This all occurred on the same day we were initially contacted.
  • Not Guilty
    Domestic Violence

    Attorney James R. Snell, Jr., obtained a trial verdict of "not-guilty" on behalf of a client charged with criminal domestic violence. Our client was separated from his wife. It was reported to law enforcement that he had followed her in traffic and then pulled into a parking lot. While there it was claimed that he had gotten out of his car, hit the windows, tried to open the doors, and had threatened to beat her. The law enforcement investigator testified that it was an "easy" case.

    During cross-examination of the state's witnesses, Mr. Snell had the wife expound on the incident bringing out the allegation that he was yelling and acting in a very aggressive manner (Mr. Snell believes that sometimes by "helping" the complaining witness make the story bigger it shows a lack of credibility). Although a police officer actually rode by parking lot while the parties were there he did not notice any criminal activity. The officer testified on cross that he would have intervened had he heard yelling or seen that type of commotion. A defense witness testified that he was in the car with the Defendant and that he engaged in no violent or inappropriate conduct. In closing argument Mr. Snell submitted to the jury that the lack of any corroborating evidence at all combined with the possible motivation to make up a false allegation to try to gain an advantage in a family court case, justified a not-guilty verdict. After a brief deliberation the jury did return a verdict of not-guilty.

    In addition to the domestic violence charge our client was also charged with violating the no-contact provisions of a previously issued Family Court order. As our client was present with his wife the jury did find him in violation of the no-contact provisions of that prior court order and he was required to pay a fine for that violation.

    The end result was that the jury found our client not-guilty of the criminal domestic violence offense, even after finding that an order of protection was in effect and had been violated. Because the CDV charge was dismissed by the jury, our client did not face any sentencing for it, and that arrest will be automatically expunged from his record.

  • Dismissed
    Domestic Violence 2nd Degree We represented a wife who was charged with domestic violence 2 nd degree after an incident involving her husband. This is a serious offense that was created by the 2015 South Carolina Domestic Violence Reform Act. Our client was facing a maximum three year prison sentence. After evaluation of the facts and circumstances of the case, and consultation with the prosecutor, the charge was dismissed.
  • Dismissed
    Domestic Violence Our client was active duty military. He was accused of committing an assault against his wife. If he had been convicted he would have been automatically discharged. On the day of trial the prosecutor offered a reduced charge. After declining this offer and requesting a trial by jury the charge was ultimately dismissed.
  • Dismissed
    DVHAN Our client was arrested and charged with Criminal Domestic Violence of a High and Aggravated Nature (DVHAN), pointing and presenting a firearm, and possession of a firearm by a convicted violent felon. He was charged after getting into an argument with his girlfriend in which her children claimed that he had made threatening statements while holding a firearm. Due to the serious nature of this offense (our client was facing a minimum mandatory prison sentence), we recommended a thorough defense investigation be conducted. Working in conjunction with an investigator it was determined that our client was in fact not guilty of any crime at all. As a result, and due in large part with our client's own cooperation with the defense strategy we set forth, all charges were dismissed pre-trial.
  • Dismissed
    CDV 1st Our client was charged with CDV 1 st after an altercation involving his wife. The case was dismissed on the day of the trial. Our client's record will be automatically expunged by the court. He will also not be required to complete any counseling, pay any fines, or do anything else.
  • Dismissed
    DVHAN Our client was charged with Criminal Domestic Violence of a High and Aggravated Nature (DVHAN). She was facing a minimum sentence of one year in prison as a result of the seriousness of the charge. Our client followed our recommendations and allowed us to voluntarily enroll her in a domestic abuse counseling program. As a result, and after full evaluation of the case, the prosecutor agreed to dismiss the case.
  • Dismissed
    CDV 1s Client was charged with CDV 1 st after an argument with her husband. At the call of the case the court granted Mr. Snell's request to have the charge dismissed. As a result our client did not pay any fines or court costs, receive any jail sentence, or have to do counseling. Additionally our client's request will be automatically cleared by the court at no further expense to her.
  • Dismissed
    CDV 1 st Client was charged with CDV 1 st in the Town of Lexington. After voluntarily completing a serious of domestic abuse counseling classes the charge was dismissed and the client's arrest record was expunged.
  • Dismiss
    Criminal Domestic Violence 1st Degree Our client was charged with Criminal Domestic Violence 1 st Degree in Columbia, South Carolina. At the call of the case the court granted our motion to dismiss. Our client was not required to pay any fines, attend any counseling, or serve any jail time. His arrest record will be expunged automatically by the court for no charge to our client.
  • Dismissed
    CDV 1st Our client was charged with CDV 1 st by the Spartanburg County Sheriff's Department. The charge was ultimately dismissed and our client is now eligible to have his record expunged.
  • Dismissed
    CDV 1st Our client was charged with CDV 1 st after his ex-girlfriend came to his home and found him with another woman. After raising numerous issues, including the lack of household member standing with the prosecutor, the case was completely dismissed in open court.
  • Misdemeanor
    DVHAN Our female client was charged with DVHAN after an argument with her husband. She was facing a mandatory prison term due to the seriousness of her charge. After negotiations with the prosecutor the charge was reduced to a misdemeanor. The client paid a small fine and was not sentenced to any prison or probationary sentence.
  • Dismissed
    Domestic Violence Our client was charged with CDV after an incident involving a former boyfriend. On the day of court the charge was dismissed.
  • Dismissed
    Domestic Violence

    Our client was charged with CDV after an incident involving her husband. The case was dismissed during an in-court proceeding.

  • Dismiss
    CDV 1st Our client was charged with CDV 1 st in Richland County. On the day of trial the Court granted a motion to dismiss made by James Snell. Our client's record will be automatically expunged by the court.
  • Dismissed
    CDV Our client was charged with CDV after an incident involving her husband. After a review of the case we were able to negotiate an in-court dismissal of the CDV.
  • Dismissed
    CDV 1st At a pre-trial conference during court our client's CDV 1 st charge was dismissed due to considerations of our client's advanced age and health status.
  • Dismissed
    CDV 1st At a pre-trial conference during court our client's CDV 1 st charge was dismissed due to considerations of the exact nature and circumstances of our client's arrest.
  • Not Guilty
    CDV Our client was charged with CDV after an argument with his wife. It began after she had come back from a bar intoxicated. Although our client was the one who called "911" for assistance in trying to settle her down, he was arrested after his wife claimed that he had pushed her. After a jury trial where we were able to introduce evidence of the wife's intoxication our client was found not-guilty.
  • Not Guilty
    CDV Our client was charged with CDV after an argument with her live-in boyfriend of several years. He claimed that she had slapped him. After a trial our client was found not-guilty.
  • Dismissed
    CDV Our client was arrested for CDV based on allegations made by her husband. His report to the police came after a fight over the contents and possession of a cell phone. Ultimately the prosecutor elected to dismiss the charge prior to it being called for trial.
  • Misdemeanor
    DVHAN Our client was charged with Criminal Domestic Violence of a High and Aggravated Nature (DVHAN) in Richland County. This was a very serious case where our client's use of a bladed weapon during an argument lead to the other party requiring medical attention. Our client followed our advice, and voluntarily participated in a counseling program before going to court. Ultimate result was that a DVHAN charge that carried a minimum prison sentence was reduced to a misdemeanor level charge and our client received a short probationary sentence.
  • Dismissed
    CDV 1st Client was charged with criminal domestic violence (CDV 1 st). He hired Mr. Snell after coming into the office for a free initial consultation. After being retained, Mr. Snell filed a request for a comprehensive jury trial, and discovery motions pursuant to the South Carolina Rules of Criminal Procedure. Prior to the case being scheduled, the charge was dismissed after discussions between Mr. Snell and the prosecutor that occurred in the courtroom during a pre-trial conference.
  • Acquitted of Charge
    CDV

    Client was charged with criminal domestic violence (CDV) for an argument with his wife. The allegations included throwing beer cans and pushing her downstairs. After a jury trial he was acquitted.

  • Successfully Appealed
    Domestic Violence Client was arrested for criminal domestic violence by the City of Columbia Police Department. He went to his court date before consulting with a lawyer and attempted to represent himself. After pleading not guilty, he was convicted by a judge. Mr. Snell was able to have this client's conviction reversed after filing for Post-Conviction Relief (PCR) based on grounds that the Municipal Court failed to adequately advise the client of his right to an attorney or a jury trial. This decision to grant PCR was appealed by the South Carolina Attorney General's Office to the South Carolina Supreme Court. After remitting the matter the Court of Appeals, the State was not permitted to appeal, affirming the PCR victory.
  • Dismissed
    CDV Client was charged with criminal domestic violence after having an argument with his wife. Although there was an arrest warrant issued, the factual allegations in the warrant failed to state the required legal elements of CDV. After a pre-trial motion made by Mr. Snell the Court agreed and dismissed the charge.
  • Not-Guilty
    CDV 1st

    Client was charged with CDV 1st for an incident involving her husband. After trial she was found not-guilty.

  • Dismissed
    CDV 1st Client was charged with CDV 1st for allegedly striking his live in girlfriend. Photographs and witness statements established minor physical injuries. The client was allowed to enroll in the PTI program which resulted in the CDV being dismissed and his record expunged.
  • Misdemeanor, Time-Served
    Kidnapping & DVHAN Client was charged with kidnapping and criminal domestic violence of a high and aggravated nature. He was facing up to thirty years in prison plus entrance on the sex offender registry. After negotiations with the prosecutor the client's charge was reduced to a single misdemeanor and he received a time served jail sentence.
  • Ultimately Dismissed
    DVHAN Client was charged with felony DVHAN and facing one to ten years in prison. Prior to contacting our office he was scheduled to plead guilty "straight up" to felony 1st Degree Assault that carried up to ten years imprisonment. After we were retained we were able to obtain an agreement with the prosecutor to continue the case to allow the client to go to alcohol counseling. After the client was successful in that program, and completed a 26 week domestic abuse counseling program, the charge was dismissed.
  • Not Guilty
    CDV

    Mr. Snell's client was charged with criminal domestic violence 1st offense. The case was subsequently referred to the South Carolina Attorney General's office for prosecution. A jury trial was held. The witnesses for the State included one of the arresting officers and the client's spouse. After considering Mr. Snell's closing arguments, the jury returned a verdict of not-guilty. As a result our client did not have to pay any fine, submit to any counseling, be sentenced to any jail time, and will have the record of this event expunged.

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