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Home / Courts / Criminal Practice – Criminal Domestic Violence of a High & Aggravated Nature – Lesser-Included Offense – CDV – Serious Injury (access required)

Criminal Practice – Criminal Domestic Violence of a High & Aggravated Nature – Lesser-Included Offense – CDV – Serious Injury (access required)

State v. Golston There is no evidence that anyone else caused the victim’s injuries. Therefore, if the state proved defendant committed criminal domestic violence (CDV), then he was necessarily the person whose attack caused all of the victim’s injuries. Since no reasonable jury could have found that the victim’s injuries were not “serious bodily injur[ies]” under S.C. Code Ann. § 16-25-65(A)(1), the trial court correctly refused to instruct the jury on CDV as a lesser-included offense of criminal domestic violence of a high and aggravated nature (CDVHAN).

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