Felony and Misdemeanor Sentencing Guidelines in South Carolina

Understanding the potential consequences is crucial if you are facing criminal charges in South Carolina. The state’s sentencing guidelines for felonies and misdemeanors can seem daunting at first glance. At William G. Yarborough, we believe in empowering our clients with clear, concise information about the legal process. In this article, our Greenville criminal defense lawyer will break down South Carolina’s sentencing guidelines, explaining the key differences between felony and misdemeanor offenses and the potential penalties associated with each.

Misdemeanor Sentencing in South Carolina

In South Carolina, misdemeanors are generally less serious offenses than felonies, but they can still carry significant consequences. Misdemeanor sentencing is divided into three main categories:

1. Class C misdemeanors: Punishable up to 30 days in jail and/or a fine of up to $500. Examples include public disorderly conduct, trespassing, and simple possession of marijuana.
2. Class B misdemeanors: Punishable up to 6 months in jail and/or a fine of up to $1,000. This category includes offenses like simple assault, first-offense shoplifting under $2,000, and driving under suspension.
3. Class A misdemeanors: Punishable up to 3 years in jail and/or a fine of up to $5,500. Crimes in this category are more serious, such as second-offense DUI, third-degree assault and battery, and unlawful carrying of a pistol.

In addition to jail time and fines, misdemeanor convictions can result in probation, community service requirements, restitution to victims, and loss of certain privileges like driving. Repeat offenders may face enhanced penalties.

It is important to note that some misdemeanors, such as domestic violence or DUI, may carry enhanced penalties beyond these standard guidelines. A skilled criminal defense attorney can help you understand the specific implications of your charges and work to minimize the consequences you face.

South Carolina Sentencing Guidelines for Felonies

Felonies are more serious crimes that typically involve violence, significant property damage or theft, or drug trafficking. South Carolina’s felony sentencing guidelines are based on a complex system that considers factors such as the offender’s criminal history and the severity of the crime.

Felonies are categorized into six classes, each with its sentencing range:

• Class A felonies (up to 30 years): Include crimes like murder, first-degree burglary, and trafficking large quantities of drugs.
• Class B felonies (up to 25 years): Examples are second-degree burglary, arson, and certain drug offenses.
• Class C felonies (up to 20 years): Crimes like armed robbery, attempted murder, and first-degree assault and battery fall into this category.
• Class D felonies (up to 15 years): This includes offenses such as second-degree assault and battery and felony DUI resulting in great bodily injury.
• Class E felonies (up to 10 years): Crimes like grand larceny over $10,000, certain drug distribution charges, and strong-arm robbery are Class E felonies.
• Class F felonies (up to 5 years): Include offenses like voyeurism, stalking, and breach of trust with fraudulent intent between $2,000-$10,000.

Sentencing enhancements can significantly increase prison terms for felony convictions. Factors like the use of a weapon, having prior convictions, or committing a crime in a school zone can all lead to harsher sentences. On the other hand, mitigating circumstances such as cooperation with law enforcement or acceptance of responsibility may result in reduced penalties.

In addition to imprisonment, felony convictions can result in substantial fines and long-term consequences such as difficulty finding employment or housing. Parole eligibility varies based on the class of felony, with more serious crimes requiring offenders to serve a larger portion of their sentence before potential release.

Key Differences Between Felonies and Misdemeanors

While the felony vs misdemeanor distinction may seem straightforward, there are some important nuances to consider:

• Severity of the crime: Felonies involve more serious offenses, such as murder, rape, armed robbery, or drug trafficking. Misdemeanors are typically less severe crimes like simple assault, petty theft, or public intoxication. However, some crimes that may seem minor, like shoplifting or drug possession, can be charged as felonies depending on factors like the value of stolen goods or the quantity of drugs involved.
• Length of incarceration: As noted above, felony sentences are generally much longer than those for misdemeanors. While a misdemeanor conviction may result in a few months in jail, felonies can lead to years or even decades. Some felony convictions, like murder or certain repeat offenses, can result in life sentences.
• Long-term impact: A felony conviction carries lifelong consequences that can affect your rights and opportunities. Convicted felons may lose their right to vote, possess firearms, or obtain certain professional licenses. Misdemeanor convictions, while still serious, generally do not have such far-reaching implications. However, both types of convictions will result in a criminal record that can make it difficult to secure employment, housing, or educational opportunities.
• Court process: Felony charges entitle defendants to a trial by jury, while many misdemeanor cases are resolved through bench trials decided by a judge. Felony cases also tend to have higher bail amounts and may be more likely to require defendants to submit DNA samples or register as sex offenders, depending on the nature of the crime.

Understanding South Carolina’s Criminal Justice System

Regardless of whether you are facing felony or misdemeanor charges, having an experienced South Carolina criminal defense lawyer on your side is essential. At William G. Yarborough, we have a deep understanding of South Carolina’s sentencing guidelines and a proven track record of achieving favorable outcomes for our clients.

When you work with our firm, you can expect:

• A thorough review of your case to identify weaknesses in the prosecution’s argument
• A clear explanation of your charges and potential sentencing outcomes
• Aggressive advocacy for reduced charges, alternative sentencing, or dismissal when appropriate
• Skilled negotiation with prosecutors to secure plea bargains that minimize penalties
• Meticulous preparation for trial, if necessary, to protect your rights and freedom

Get in Touch with Us Today

Remember, an arrest is not a conviction. With the right legal strategy and representation, it may be possible to avoid the most severe consequences of a criminal charge. If you are facing felony or misdemeanor charges in South Carolina William G. Yarborough can help.

Contact us for a confidential consultation. We are here to guide you through this challenging time and fight tirelessly for the best possible resolution in your case.