What Makes a Crime a Felony in South Carolina?

In South Carolina, crimes are classified based on their severity, with felonies being the most serious. Understanding what makes a crime a felony can help you navigate the legal system if you or someone you know is facing charges. Felonies are further divided into six classes, from Class A to Class F, with Class A encompassing the most serious crimes. Facing felony criminal charges can be overwhelming, but knowing the distinctions can help prepare you for what’s ahead.

If you’re accused of a criminal offense, seeking guidance from a criminal defense attorney is essential to understanding your options and building a strong defense. Felony convictions can lead to substantial fines, extended imprisonment, and the loss of certain civil rights, including voting and firearm possession. Given the complexities of South Carolina's legal system, it's crucial to get experienced legal counsel if you're facing felony charges. Our Greenville felony defense attorneys are dedicated to providing the guidance and representation you need during such challenging times. 

Call Touma Law at (864) 618-2323 to schedule a free consultation and review your defense options.

How South Carolina Classifies Crimes

The main difference between misdemeanor charges and felonies lies in the severity of the punishment. Felonies are considered more serious offenses and typically result in more than one year in prison. In contrast, misdemeanors usually carry lesser penalties such as fines or shorter jail terms. Some offenses, such as misdemeanor charges for minor infractions, may escalate to felony charges if certain aggravating factors are present, such as malicious injury or repeated violations.

South Carolina’s Code of Laws categorizes felonies into various levels of offenses. For example, Class E Felonies involve crimes that carry moderate penalties, including minimum prison sentences of up to three years, while Class D Felonies can result in harsher penalties, with maximum sentences of up to ten years.

Offenses involving personal injury or a risk of death are likely to be classified as felonies. Law enforcement works closely with law enforcement agencies to investigate and prosecute these serious crimes. A criminal defense attorney can guide you through the legal process and help you understand the potential outcomes of your current charge.

Types of Felony Offenses

South Carolina recognizes a wide range of felonies. Here are some common categories:

• Violent Felonies: Crimes such as murder, manslaughter, armed robbery, and kidnapping fall under this category. These offenses often involve physical harm, threats of violence, or bodily injury to victims, making them highly severe. Certain violent offenses can carry life-altering penalties, including life in prison for the most egregious crimes. Felonies that involve a risk of death are particularly severe and may include enhanced penalties.
• Drug Felonies: Crimes such as trafficking, manufacturing, or distributing controlled substances are classified as felony drug charges. Penalties increase significantly for a subsequent offense, especially when large quantities of dangerous drugs are involved. Unlawful possession of controlled substances can also elevate charges to a felony depending on the circumstances.
• Property Felonies: Crimes like burglary, grand larceny, and arson are considered property felonies. These involve theft or destruction of property and may also carry penalties of restitution to victims. Certain offenses, such as theft involving high-value items, can result in Class D Felony charges.
• White-Collar Felonies: Non-violent crimes such as fraud and embezzlement, particularly those involving large sums of money, are classified as white-collar felonies. While they don’t involve physical harm, they can have devastating financial impacts and lead to prison time for those convicted.
• Weapons Offenses: Crimes such as possession of a firearm by a convicted felon or the unlawful use of a weapon are categorized as felony weapons offenses. These charges often have enhanced penalties if paired with other crimes, like aggravated assault or a separate offense involving violence.
• Sex-Related Felonies: Crimes involving sexual conduct, such as sexual assault, exploitation, or acts that could result in a person being labeled a sex offender, fall under this category. These offenses carry particularly harsh penalties due to their impact on victims and societal standards.

Understanding these categories is critical to preparing a defense. Consulting a defense attorney with experience in handling criminal charges can help clarify the potential penalties and available defenses.

Felony Sentencing in South Carolina

South Carolina divides felonies into different classes, ranging from Class A to Class F. The class of felony determines the severity of the legal consequences:

• Class A Felonies: These are the most serious crimes, including murder and kidnapping, which can result in life sentences or even the death penalty in some cases. Offenses involving severe bodily injury to victims typically fall into this category. Courts often impose minimum prison sentences for these offenses, ensuring significant time in custody.
• Class B through E Felonies: These include crimes like armed robbery, drug trafficking, or certain property offenses. Penalties for these felonies vary but generally involve significant prison terms, fines, or community service requirements. For example, a Class D Felony may carry up to ten years in prison, while a Class E Felony might have a shorter minimum sentence.
• Class F Felonies: These involve less severe crimes, such as some financial offenses, and carry penalties of up to five years in prison. Repeat offenders facing a subsequent offense in this class may face enhanced penalties.

Sentencing also depends on factors such as prior criminal history, aggravating circumstances, and the evidence presented at a preliminary hearing. For example, a felony involving unlawful possession of a weapon combined with a violent act may result in harsher penalties.

Working with a criminal defense attorney can help ensure that your civil rights are protected and that sentencing factors are fairly considered. The ability to challenge evidence or argue reasonable doubt can significantly impact the outcome of your case.

Consequences of a Felony Conviction

A felony conviction can have life-altering consequences beyond the immediate legal penalties. Here are some of the long-term effects:

• Lengthy Prison Sentences and Substantial Fines: Felonies often result in significant incarceration periods and hefty fines. Courts may also impose additional requirements like community service or restitution to victims.
• Loss of Certain Rights: Convicted felons lose the right to vote and own firearms, and these restrictions may last even after completing their sentence. Crimes involving malicious injury or violent offenses can carry particularly severe restrictions.
• Difficulty Finding Employment and Housing: A criminal record can make it challenging to secure a job or housing, as many employers and landlords conduct background checks. First-time offenders may have opportunities for reduced sentences, but a permanent record can still create significant barriers.
• Immigration Consequences: Non-citizens may face deportation or other immigration penalties if convicted of a felony. Crimes involving sexual conduct or violence can particularly impact immigration status.
• Impact on Family Life: A felony conviction can strain family relationships and limit involvement in child custody matters, especially when the charges involve personal injury or violence.

These consequences highlight the importance of mounting a strong defense. A defense attorney with experience in felony cases can help mitigate these impacts and explore opportunities for reduced or alternative sentencing.

How Long Does a Felony Stay on My Record?

In most cases, unlike a misdemeanor offense, felony convictions remain on your record permanently. However, South Carolina allows for certain felonies to be expunged under specific circumstances. This process typically requires meeting eligibility criteria and demonstrating good behavior over a set period.

Consulting with an attorney can help you determine if your felony conviction is eligible for expungement. Crimes involving violent offenses or sexual conduct are often ineligible for expungement due to their severity. A criminal defense lawyer can guide you through the expungement process and clarify whether your current charge qualifies.

Defenses Against Felony Charges

If you’re facing felony charges, there are several potential defenses that a skilled attorney can employ:

• Challenging Evidence: Questioning the validity or handling of evidence can weaken the prosecution’s case. For example, improper collection of evidence in a case involving unlawful possession of a firearm can lead to dismissal.
• Law Enforcement Procedures: Highlighting errors in law enforcement’s actions, such as unlawful searches or arrests, can result in reduced charges or case dismissal. Errors in evidence handling during a preliminary hearing can also be challenged.
• Negotiating for Reduced Charges: Plea bargaining can lead to reduced charges or alternative sentencing options, particularly for non-violent felonies. For first-time offenders, this can significantly reduce time in prison.
• Constitutional Violations: Asserting that your rights were violated during the investigation or arrest can strengthen your defense. Crimes involving additional charges, such as weapons offenses, may also present opportunities to challenge procedural issues.
• Arguing Reasonable Doubt: Highlighting inconsistencies in the prosecution’s case can lead to an acquittal if the court finds that there is reasonable doubt about your guilt.

Building a strong defense requires careful examination of the details surrounding your case. Consulting a criminal defense attorney with experience in handling felonies is crucial for developing effective defense strategies and navigating the legal process.

Charged With a Felony? Know Your Defense Options

A felony conviction in South Carolina can have lasting consequences, from prison time and serious fines to restrictions on your rights and future opportunities. Understanding what makes a crime a felony and how the legal system handles these cases is essential if you’re facing charges. The severity of the penalties makes it critical to take your defense seriously.

If you’ve been charged with a felony, having a strong legal defense can make all the difference. A skilled attorney can help you navigate the complexities of your case and fight for the best possible outcome. With offices in Columbia, Greenville, and Anderson, we are here to protect your legal rights and guide you through this challenging time. Contact our firm today to discuss your situation and start building your defense.