When Domestic Violence Charges Get Upgraded to a Felony in South Carolina

If you’re facing felony domestic violence charges in SC, understanding why charges get elevated—and how to fight back—is the first step toward protecting yourself.

At Okoye Law, our Rock Hill criminal defense attorneys have defended hundreds of domestic violence cases in York County. We know how prosecutors upgrade these charges, and we know how to challenge them. Contact us today for a free case evaluation.

How South Carolina Structures Domestic Violence Charges

South Carolina doesn’t treat all domestic violence the same. The state organizes DV offenses into four levels of severity under SC Code §16-25-20 and §16-25-65:

• Third Degree (§16-25-20(D)): The baseline charge. Misdemeanor. Up to 90 days in jail, $1,000–$2,500 fine. This is where most first-time DV charges start.
• Second Degree (§16-25-20(C)): Still a misdemeanor—but carries up to 3 years in prison and $2,500–$5,000 in fines.
• First Degree (§16-25-20(B)): This is where it becomes a felony. Up to 10 years in prison.
• DVHAN (§16-25-65): Domestic violence of a high and aggravated nature. Felony. Up to 20 years in prison.

The jump from misdemeanor to felony isn’t always about what physically happened. It’s about what aggravating factors the prosecution can attach to your case.

The 5 Triggers That Upgrade DV Charges to a Felony

Here’s what can push a domestic violence charge from second degree (misdemeanor) to first degree (felony) under §16-25-20(B):

1. Great Bodily Injury

If the alleged victim suffered injuries that created a substantial risk of death, caused serious permanent disfigurement, or resulted in the prolonged loss of function of a body part, the charge jumps to first degree.

The legal definition of “great bodily injury” under §16-25-10(2) is specific. A broken nose might qualify. A bruise probably won’t. The prosecution has to prove the injury meets this high standard—and that’s where a strong defense attorney can make a real difference.

2. Use of a Firearm

If a firearm was involved in any manner during the domestic violence incident, the charge automatically becomes a felony. The gun doesn’t have to be fired. Brandishing it, pointing it, or even having it accessible during the altercation can be enough for prosecutors to upgrade the charge.

This is one of the most common—and most aggressively prosecuted—triggers for felony DV in South Carolina.

3. Two or More Prior CDV Convictions

If you have two or more prior domestic violence convictions within the past 10 years—from South Carolina or any state with similar DV laws—a new DV charge automatically becomes a first-degree felony.

Important: Under §16-25-30(C), a prior conviction only counts if you had an attorney or knowingly waived your right to one. Expunged or pardoned convictions don’t count either. Your defense attorney should scrutinize every prior conviction on your record.

4. Violating a Protection Order While Committing CDV Second Degree

If you violate a restraining order or order of protection and commit CDV second degree in the process, the charge escalates to first degree.

This matters because protection orders are extremely common in DV cases. If you have an active order and any contact with the protected person leads to a new DV allegation, prosecutors will stack the charges.

5. CDV Second Degree Plus an Aggravating Factor

This is the stacking scenario. If you’re already facing second-degree CDV, any one of these additional factors pushes it to a felony:

• The offense was committed in the presence of a minor
• The alleged victim was known or should have been known to be pregnant
• The offense occurred during a robbery, burglary, kidnapping, or theft
• You impeded the victim’s breathing or airflow (strangulation)
• You blocked the victim’s access to a phone to prevent them from calling 911

That last one catches a lot of people off guard. Grabbing someone’s phone during an argument—even if you didn’t intend to prevent a 911 call—can be the factor that turns your misdemeanor into a felony.

How DVHAN Takes It Even Further

Above first-degree CDV sits domestic violence of a high and aggravated nature (DVHAN) under §16-25-65. This is the most severe DV charge in South Carolina and carries up to 20 years in prison.

DVHAN requires the prosecution to prove the offense was committed under circumstances showing extreme indifference to the value of human life and resulted in great bodily injury—or caused the victim to reasonably fear great bodily injury or death.

DVHAN can also be charged when a person commits CDV first degree while violating a protection order.

A DVHAN conviction carries a lifetime firearms ban under South Carolina law. First-degree CDV carries a 10-year ban. The stakes couldn’t be higher.

What a Felony DV Conviction Actually Costs You

Let’s be blunt about what’s on the table:

• Prison time: Up to 10 years for CDV first degree. Up to 20 for DVHAN.
• Criminal record: A permanent felony conviction that shows up on every background check for the rest of your life.
• Child custody: Family courts take felony DV convictions extremely seriously. You can lose custody, get restricted to supervised visitation, and have the conviction used against you in any future custody modification.
• Gun rights: A 10-year firearms ban for CDV first degree (SC §16-25-30) and a potential lifetime ban under federal law (18 U.S.C. §922).
• Career: A felony disqualifies you from government jobs, healthcare positions, education, law enforcement, finance, and any role requiring a security clearance or background check.
• Professional licenses: Nurses, teachers, CDL holders, real estate agents, and other licensed professionals face disciplinary action up to and including license revocation.
• Immigration: A felony DV conviction is a deportable offense. It bars naturalization, visa renewal, and green card applications.

This is why we tell every client the same thing: this charge is about more than jail time. It’s about protecting your entire life.

How a Defense Attorney Can Fight an Upgraded Charge

Charge upgrades aren’t set in stone. Here’s how an experienced criminal defense lawyer challenges them:

Challenge the injury classification. If the upgrade is based on “great bodily injury,” your attorney can retain medical experts and review hospital records to argue the injuries don’t meet the statutory definition. The gap between a painful injury and one that creates a “substantial risk of death” is significant.

Dispute firearm involvement. Was the gun actually used “in any manner” during the incident? Or was it locked in a safe in another room? The prosecution has to prove the firearm was connected to the DV offense—not just present in the home.

Attack prior conviction validity. If your charge was elevated because of prior convictions, your attorney should verify each one was properly obtained with counsel (or a valid waiver), falls within the 10-year window, and hasn’t been expunged or pardoned.

Assert self-defense. South Carolina recognizes self-defense in DV cases. If you were protecting yourself, your attorney can gather evidence—injury photos, witness statements, 911 recordings—to support your claim.

Expose false or exaggerated allegations. In contentious divorces and custody battles, DV allegations are sometimes weaponized. We investigate the accuser’s credibility, motive, and inconsistencies in their statements.

Negotiate charge reductions. Even when dismissal isn’t realistic, reducing a felony first-degree charge to a misdemeanor second or third degree can be life-changing. The difference between felony and misdemeanor is the difference between prison and probation, between losing your career and keeping it.

Don’t Wait to Get Legal Help

If you’ve been arrested for domestic violence in Rock Hill or York County—especially if you suspect the charges may be upgraded—time matters.

Evidence can disappear. Witnesses forget details. And the prosecution is already building their case against you.

At Okoye Law, we’ve helped hundreds of clients navigate domestic violence charges, from third-degree misdemeanors to first-degree felonies. We understand that good people end up in bad situations, and we fight to protect your reputation, your family, and your future.

Schedule your free, confidential consultation today. We’ll review your case, explain your options, and start building your defense from day one.