What are the penalties for a felony in South Carolina?

Felony penalties in South Carolina range from 0–5 years for the lowest class to 30 years for the most serious [§ 16-1-20 et seq.]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Can I get my criminal record expunged in South Carolina?

Expungement options are limited. Pardons may be available through the executive branch.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 16-1-20 et seq.]. Misdemeanors carry county jail time (up to 1 year) [§ 16-1-100]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

South Carolina Criminal Defense Guide — Charges & Process

Q: Does South Carolina have a speedy trial requirement?

South Carolina does not have a fixed-day speedy trial clock [§ 17-23-90]. No fixed day count; the clock runs by court terms. A person committed for treason or felony who prays in open court the first week of the term to be brought to trial must be set at liberty on bail if not indicted some time in the next term after commitment, and must be discharged from imprisonment if not indicted and tried the second term after commitment.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in South Carolina.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The South Carolina Criminal Process — Step by Step Your Rights in an South Carolina Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How South Carolina classifies criminal offenses §16-1-20 et seq.

South Carolina divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: 0–30 years - Class B felony: 0–25 years - Class C felony: 0–20 years - Class D felony: 0–15 years - Class E felony: 0–10 years - Class F felony: 0–5 years

Misdemeanor classifications §16-1-100

Class A misdemeanor: up to 12 months - Class B misdemeanor: up to 6 months - Class C misdemeanor: up to 1 months, $500 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §16-1-90 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §16-1-100	State prison (1 year or more) §16-1-20 et seq.
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible	Fewer offenses eligible

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §17-13-10. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Bail available for all noncapital offenses. Bond hearing within 24 hours. Circuit court sets bail for violent offenses. Bail may be denied for certain repeat violent offenders. §17-15-10 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §24-21-410; §24-21-440, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in South Carolina has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §17-3-10 et seq.. South Carolina Commission on Indigent Defense operates circuit public defender offices statewide.
Right to a speedy trial — South Carolina does not set a fixed number of days for speedy trial §17-23-90. No fixed day count; the clock runs by court terms. A person committed for treason or felony who prays in open court the first week of the term to be brought to trial must be set at liberty on bail if not indicted some time in the next term after commitment, and must be discharged from imprisonment if not indicted and tried the second term after commitment.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in South Carolina: Up to 5 years, set by the judge; may be continued or extended only within the 5-year limit §24-21-410; §24-21-440.

⚠South Carolina has a habitual offender law §17-25-45. Mandatory life without parole upon conviction for a most serious offense if the person has one or more prior convictions for a most serious offense (i.e., a second such conviction: murder, armed robbery, kidnapping, etc.).

Clearing your record

South Carolina has limited or no general Expungement statute. Pardons may be available through the executive branch.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §44-53-370. Marijuana possession: Misdemeanor (1 oz or less, first offense: up to 30 days / $200); Felony (subsequent offenses or distribution).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §16-3-600. Domestic violence offenses carry additional consequences including protective orders §16-25-10 et seq..

Theft and property crimes

Classification depends on the value of property taken §16-13-30. Felony threshold: $2,000 (grand larceny, felony, §16-13-30(A)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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