How Do Previous Convictions Affect Sentencing in South Carolina?

Prior convictions can significantly impact the sentence you receive if convicted. South Carolina law invests judges with discretion when setting a sentence, and a defendant’s previous convictions are certainly relevant to the analysis. As a result, you could be facing more time behind bars due to a checkered criminal past. Call William G. Yarborough, Attorney at Law, to discuss your case if you have any prior convictions. Our Greenville, South Carolina, criminal defense lawyer will review the charges along with your criminal history to fully analyze what penalties you are facing.

How Do Previous Convictions Affect Sentencing?

There are several ways that a prior conviction will impact your sentence. You might be ineligible for an alternative sentence, and a judge can consider a prior conviction as an aggravating factor when setting your sentence. Furthermore, the law sometimes mandates life in prison for someone with previous convictions.

You Might Be Ineligible for Sentencing Alternatives

Certain defendants are eligible for sentencing alternatives in South Carolina. These options typically allow a defendant to stay in the community on probation or while undergoing treatment. The focus is on rehabilitating the defendant so they can contribute productively moving forward.

Unfortunately, a prior conviction will make you ineligible for many programs. In Greenville County, Pre-trial Intervention is reserved for first-time offenders, so a prior criminal conviction takes that option off the table.

Talk with your criminal defense attorney about other alternatives, such as Adult Drug Court. Your criminal history could come into play.

Judges Can Consider Previous Convictions as Aggravating Factors when Sentencing

South Carolina does not use mandatory sentences. Instead, a judge has some discretion when handing down a sentence. There are many relevant factors, and a defendant’s previous criminal history is one.

Previous convictions are aggravating factors a judge will consider, along with any harm to the victim. A judge can sentence you to more time behind bars because of your prior criminal history.

Imagine two defendants. Both are convicted of assault. However, one defendant has no prior criminal history, so the judge might hand down a lighter sentence. By contrast, the other defendant has a prior criminal conviction, so they receive a harsher sentence. Even though the crimes are the same, a defendant’s criminal history can result in more time behind bars, as well as other severe penalties.

Of course, everything depends on the facts of your case. A previous conviction, which is 20 years old, looks different than one that happened last year. A previous non-violent misdemeanor also looks less serious in most cases than a previous violent felony.

Let our office review your full criminal history, along with other factors. Although we cannot predict the sentence a judge hands down, we can give you a general ballpark range based on your entire history.

South Carolina’s Two Strikes And Three Strikes Laws

South Carolina also requires mandatory life sentences without the possibility of parole for some defendants with a prior criminal conviction. This is a severe penalty.

The law is called the state’s “Three Strikes Law,” though defendants can end up with life in prison for only a second strike, too.

A judge will review your previous criminal history for prior “serious offense” and “most serious offense” convictions. Out-of-state convictions also count if they are equivalent to a South Carolina crime.

• “Serious offenses” in South Carolina include crimes like second-degree burglary, first-degree domestic violence, or assault of a high and aggravated nature. You can find a full list at South Carolina Code § 17-25-45(C)(2).
• “Most serious offenses” include crimes which cause death, first- and second-degree kidnapping, first-degree assault, and other serious crimes. (S.C. Code § 17-25-45(C)(1).)

The sentencing enhancements work as follows:

1. You are charged with a “most serious offense.” You will receive a life sentence if you have at least one prior most serious offense or two serious offense convictions in your past.
2. You are charged with a “serious offense” under the law. You will receive a life sentence without parole if you have either (1) at least two prior serious offense convictions, or (2) one most serious conviction and another serious conviction.

These are harsh results that can mean a lifetime away from your family for previous criminal conduct.

Let Attorney Yarborough review whether you have any “serious” or “most serious” offenses in your history, which will result in a severe penalty of life in prison. This mandatory sentence is very hard to avoid; in fact, the law states a person “must” be sentenced to life in prison without parole if they meet the requirements. Nonetheless, an experienced lawyer will give you the best chance of avoiding this devastating outcome.

Can Prior Convictions Be Used in Court?

Yes. The Solicitor will certainly pull your complete criminal history before the sentencing hearing. A prior record possibly played a role in whether you were charged in the first place.

The state will also introduce evidence of your convictions to the judge during sentencing. For this reason, we encourage you to be honest with your attorney about your criminal history. The truth will come out anyway, and you don’t want your lawyer blindsided. We can more effectively represent you if we know all the facts when walking into court.

For example, if you have one prior conviction, then your attorney will try to argue that mitigating factors warrant a lesser sentence, regardless of your criminal history. Some mitigating factors include remorse and whether you committed the crime under duress.

Schedule a Consultation with a Greenville, SC Criminal Defense Lawyer

William G. Yarborough has defended people from criminal charges for over 30 years. He credits his deep experience in criminal law for obtaining favorable dispositions for clients accused of a variety of offenses, from reckless driving to violent felonies and everything in between.

Anyone with a prior criminal history faces an uphill climb. Solicitors typically are less willing to negotiate a plea, and you can face serious penalties, as described above. Contact our office as soon as possible for assistance with your case.