State Laws

South Carolina Felony

     

South Carolina Felonies
The state of South Carolina defines felonies as crimes that are designated into classifications by state statutes. Felonies in most states usually carry stipulated sentences of no less than one year in a state prison. South Carolina often gives stronger punishments. South Carolina law state that the final classification punishment can be as much as ten years. Misdemeanors and felonies can often be confused for one another. There are two basic differences between the two: misdemeanors are less severe than felonies and misdemeanor punishments are served in a county or local jail while felony punishments are served in a state prison. Felony classes are broken into alphabetical degrees of severity with A being the most serious and E being the least serious. Each classification has similar offenses, but the degree of the offense sets one offense apart from another. For instance arson in the first degree is a higher felony than arson in the second degree--this is why the same crime can appear in different felony classes.

South Carolina Felony Classes
Murder is not placed in a felony class because it is unlike any other, so it is handled apart from the other classes. Class A Felonies are punishable by up to thirty years in a state prison. Class A Felonies include criminal sexual conduct in the first degree, voluntary manslaughter, robbery, carjacking, drug offenses, kidnapping, and arson. Drug charges depend on the kind of drug in possession and the amount. Class B Felonies include drug offenses, robbery, sexual crimes, white collar crimes, arson, and driving under the influence offenses that result in death. Class B Felonies are punishable by up to twenty-five years in a state prison.

Class C Felonies can have punishments up to twenty years in prison and include offenses of theft, poisoning, assault and battery with the intent to kill, lynching, and drug crimes. Class D Felonies can carry punishments up to fifteen years in a state prison. This category of felonies includes stalking, burglary offenses, and being an accessory to a Class A, Class B, or Class C Felony. The final classification of South Carolina felonies is the Class E Felony that can have punishments as much as ten years in a state prison. Class E Felonies include driving under the influence, bribery, being an accessory to a Class D Felony, and threatening voters.

It is possible that an individual may have prison time that exceeds the Class A Felony thirty-year mark where the offense is not murder. This happens if the individual has been charged with multiple felonies for a single offense, such as a sexual crime, assault and battery, and kidnapping. These offense punishments can be added together to exceed thirty years, at the discretion of the court.

South Carolina Expungement
South Carolina allows cases that have been dismissed, discharged, or found innocent to be expunged. Under this ruling felony convictions are not eligible for expungement petitioning. First-time driving under the influence charges can possibly be expunged if court-administration programs find the case to be eligible.

See also:
South Carolina Divorce
South Carolina Bankruptcy Laws
South Carolina DUI Laws
South Carolina Misdemeanor External link (opens in new window)
South Carolina Expungement External link (opens in new window)

I'm a first time felon and I want to know why I can't get it expunged off my record, it's the first time I ever been in trouble

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Lisa Daniels
Tuesday, April 24, 2012

Ihave a filing a false police report for a stolen car. Is this a felony where I can't carry a firearm or vote?

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Ryan
Wednesday, March 28, 2012

4 years ago I entered an alford plea for grand larceny/failure to return a rented object. I was told that it could not be expunged. Is it possible to get a pardon?

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Latoya Davis
Wednesday, March 28, 2012

hi My name is Dwight i got locked up maybe eight years ago for writing bad checks i think it was 8 counts and i did 13 months or more in prison. was that a felony and can i get it expunge in south carolina and how much


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Dwight
Wednesday, March 28, 2012

Hi My name is Mike Brewer, I have written a book titled Thinking Outside the Blox. This book is a step by step guide teaching felons and those who risk becoming felons 22 small low cost options such as becoming a mold inspector or a lead paint inspector. These businesses can be started in a few day for a small investment. Jobs are hard to come by even for those without a felony conviction. I have outlined businesses such as becoming a pilot/flag car business owner as well as many other businesses.
please visit us at www.thinkingoutsidetheblox.com to purchase the book. Thank you

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m brewer
Wednesday, February 22, 2012

If I did not serve any prision time have only hade 1 felony never been arrested since then served my probation the charge was second degree burglary can I file to have it removed for public view and have my rights back to vote ?

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suzanne
Thursday, January 26, 2012

I WAS CHARGE CARRYING A UNREGISTERED HANDGUN IN MY CAR. I DIDN'T SPEND ANYTIME IN JAIL OR ANY PROBATION. COULD THIS BE EXPUNGED FROM MY RECORD?

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TRENTON
Wednesday, January 18, 2012

can I get misprison of a felony expunge being that I wasn't convicted of a felony and just a breach of trust in Charleston SC but My charge was in Dorchester County in Saint George SC

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Tymaine Rivers
Sunday, November 20, 2011