Domestic Violence 3rd Degree in SC: Penalties, Firearms, Expungement

A charge of domestic violence in the 3rd degree in SC is the state’s baseline domestic violence offense: a misdemeanor punishable by a fine of $1,000 to $2,500, up to 90 days in jail, or both. It applies when someone causes physical harm to a household member, or threatens or attempts harm in a way that puts the household member in reasonable fear of immediate injury. No weapon, no serious injury, and no prior record are required. A shove during an argument or a raised fist in a cornered room can be enough.¹

What Conduct the Charge Covers

South Carolina’s statute makes it illegal to cause physical harm or injury to a household member, or to offer or attempt harm in a way that creates a reasonable fear of imminent peril. Third degree is the entry point in a tiered system; more serious facts or prior convictions push the same conduct up into second degree, first degree, or domestic violence of a high and aggravated nature. Assault and battery in the third degree is a lesser-included offense, so a jury that doesn’t find the household-member element can still convict on that lesser charge.²

Who Counts as a Household Member

The relationship between the people involved is what turns an assault charge into a domestic violence charge. South Carolina defines a household member as a current or former spouse, a person you share a child with (whether or not you ever lived together), or someone of the opposite sex you currently live with or previously lived with as a couple.³

The statute’s “male and female” language was declared unconstitutional as applied to same-sex cohabitants by the South Carolina Supreme Court, so courts cannot use that limitation to deny protection to people in same-sex relationships.

These categories are narrower than people often assume. Siblings, parents, roommates with no romantic relationship, and dating partners who never lived together are not household members under the statute. The same conduct against someone outside those categories would be charged as assault and battery instead.

Penalties for a First Offense

Domestic violence in the third degree is a misdemeanor tried in summary court, meaning Magistrate Court or Municipal Court rather than the Court of General Sessions. A conviction carries a fine of $1,000 to $2,500, up to 90 days in jail, or both.²

Add court costs and assessments on top of the fine. Many first-time defendants receive a suspended jail sentence conditioned on completing a domestic violence intervention program, staying out of further trouble, and paying any restitution ordered. Violating those conditions can bring the original jail time back into play.

How Prior Convictions Escalate the Charge

South Carolina does not simply add time for repeat offenses at the same level. A prior domestic violence conviction within the past ten years pushes the next charge up a degree.

One prior DV conviction within 10 years: a new incident that would otherwise be third degree is charged as domestic violence in the second degree, a misdemeanor carrying a $2,500 to $5,000 fine and up to three years in prison.
Two or more prior DV convictions within 10 years: the charge becomes domestic violence in the first degree, a felony punishable by up to ten years in prison.²

The ten-year lookback counts convictions from any state, not just South Carolina, as long as the prior offense has elements substantially similar to the state’s domestic violence statute. An old out-of-state misdemeanor you barely remember can be the difference between a 90-day cap and a ten-year prison exposure.

Pretrial Intervention for First Offenders

The statute specifically makes first-time third-degree defendants eligible for pretrial intervention. PTI is a diversion program; successful completion results in dismissal rather than a conviction.²

Any prior conviction under Chapter 25 disqualifies you. The circuit solicitor’s office controls admission, and approval is not guaranteed even for eligible defendants. PTI conditions resemble probation and typically include completion of an intervention program. The process runs several months, but for a first offense it is usually the best realistic outcome short of outright dismissal or acquittal.

Mandatory Intervention Program

When a judge suspends all or part of a jail sentence, the law requires completion of an approved domestic violence intervention program as a condition of that suspension. Programs must come from a provider approved by the circuit solicitor’s office. Participants attend 26 weeks of group sessions using cognitive behavioral methods.²⁴

The 26-week count doesn’t include intake, orientation, or exit sessions, so the real commitment runs past six months. Participants pay a program fee, though the statute says no one can be denied participation solely for inability to pay. If a substance abuse or mental health issue is identified, the judge can order additional treatment on top of the intervention program.²

Failure to complete is not a technical problem. The court can revoke the suspended sentence and order you to serve the original jail time.

Firearm Restrictions

The firearm consequences depend on both state and federal law, and they do not line up.

Under South Carolina Law

A third-degree conviction under § 16-25-20(D) does not automatically ban firearm possession. The prohibition applies only if the sentencing judge specifically orders it at conviction. That is different from first-degree domestic violence and domestic violence of a high and aggravated nature, where the state ban is automatic.⁵

Under Federal Law

Federal law is stricter. Under 18 U.S.C. § 922(g)(9), anyone convicted of a “misdemeanor crime of domestic violence” is prohibited from possessing, shipping, or receiving firearms or ammunition. The federal definition requires that the offense involved the use or attempted use of physical force, or the threatened use of a deadly weapon, against a qualifying domestic relationship. A third-degree conviction based on actually causing physical harm almost certainly qualifies. One based solely on threats that did not involve a deadly weapon may not, but that is a fact-specific question that calls for legal advice.⁶

There is no law enforcement or military exception to the federal ban. An officer or service member with a qualifying misdemeanor domestic violence conviction cannot legally carry a service weapon, which effectively ends those careers.

Immigration Consequences for Non-Citizens

A domestic violence conviction at any level, including third degree, can trigger deportation for non-citizens. Federal immigration law makes any non-citizen deportable if convicted after admission of a “crime of domestic violence,” defined broadly to cover crimes of violence against a current or former spouse, someone you share a child with, a current or former cohabitant, or anyone else protected under state domestic violence law.⁷

These convictions are also generally treated as crimes involving moral turpitude, which creates additional problems with adjusting status, renewing visas, and naturalizing. For non-citizens, immigration exposure should drive decisions about plea negotiations and trial strategy. A criminal defense attorney without immigration experience may not fully appreciate the stakes.

Expungement After Five Years

A third-degree conviction can be expunged, but the waiting period is longer than for most misdemeanors: five years from the date of conviction, compared to the usual three. The application goes to the circuit court, which has discretion to grant or deny it.⁸

You cannot have any other convictions, including out-of-state convictions, during the five-year period. You can use this expungement right only once in your lifetime, and you cannot have pending criminal charges at the time of application unless those charges have been pending more than five years. If granted, SLED keeps a nonpublic record to block a second use, but the conviction disappears from public records.

Until that happens, the conviction stays on your record and shows up on background checks for employment, housing, and professional licensing. Healthcare, education, childcare, and law enforcement employers frequently have zero-tolerance policies for domestic violence convictions, and family courts weighing custody and visitation give these convictions particular weight.

One detail matters for anyone whose firearm rights were affected: under federal law, an expunged conviction is generally no longer treated as a misdemeanor crime of domestic violence for purposes of the federal firearm prohibition.⁶

1
South Carolina Legislature. South Carolina Code 16-25-20 – Acts Prohibited; Penalties
2
South Carolina Legislature. South Carolina Code of Laws – Title 16 Chapter 25 – Domestic Violence
3
South Carolina Legislature. South Carolina Code 16-25-10 – Definitions
4
South Carolina Department of Probation, Parole and Pardon Services. Rehabilitation Programs and Services
5
South Carolina Legislature. South Carolina Code 16-25-30 – Firearms and Ammunition Prohibitions; Penalties
6
Office of the Law Revision Counsel. 18 USC 921 – Definitions
7
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
8
South Carolina Legislature. South Carolina Code of Laws – Title 22 Chapter 5