Legal Question in Criminal Law in South Carolina

Cdv han

I was getting beat up by my husband for 3 days and had a black eye and had tried to leave with my daughter because he got physical with her. He was throwing me by the neck and slamming me. I grabbed a bread knife with a cover over the blade , he grabbed it and said he would put it in my back. He grabbed it and it broke when he threw me and he got a paper cut type cut on his small finger when it broke. I called the police. He threw me, the phone disconnected 911 called me back and I asked the cops to come, I got arrested because he had a cut on his pinky finger. they said my black eye held no weight because I didn't call when it happened. I am charged with cdv han. will I really get jail time? I have no record what so ever. Lawyers are trying to charge me 10,000, and now I am a single mother. Is it really off to jail?

Asked on 7/25/08, 10:31 pm

2 Answers from Attorneys

Elizabeth Hyatt E.H. Robinson Law, LLC
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Re: Cdv han

Where are you located? I've done a lot of CDV prosecutions and then handled many on the defense side as well. The law states that they have to consider your history together and the "relative severity" of the injuries. You do need a lawyer, and with a General Sessions charge, it's not going to be cheap. I'm in Lancaster if that's not too far away from you, I'd be happy to talk to you about your case. Let me know if i can help. Email me at elizabeth@ehrobinsonlaw.com

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7/26/08, 5:26 pm
Robert Johnston Law Offices of Robert J. Johnston
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Re: Cdv han

Based on what you have said you have a case of self defense. Personally, I don't charge $10,000 for those cases and usually charge about $3,500 to $5,000. The black eye you had could certainly be used in court to support your defense. What county are you in? You may respond to LawyerSC@aol.com

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7/25/08, 10:55 pm

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