In South Carolina, crimes are classified by severity, and felonies are the most serious. Understanding what makes a crime a felony can help you make sense of the process if you or someone you know is facing charges. For sentencing purposes, felonies are divided into six classes, Class A through Class F (S.C. Code Ann. § 16-1-10(A)). Class A felonies carry the highest maximum prison term among the classified felonies.
If you are accused of a criminal offense, speaking with a criminal defense attorney can help you understand your options. Felony convictions can lead to prison, fines and the loss of certain civil rights, including voting and firearm possession. Our Greenville felony defense attorneys can review the charge you are facing. This article is general information, and a licensed South Carolina attorney at our firm must review the facts of your case before you rely on it.
Call Touma Law at (864) 618-2323 to schedule a free consultation and review your defense options.
How South Carolina Classifies Crimes
The Code of Laws lists the offenses that are classified as felonies and the offenses that are classified as misdemeanors (S.C. Code Ann. § 16-1-90 and § 16-1-100). The main difference is the seriousness of the offense and the punishment the law allows. Felonies are classified into Class A through Class F, and misdemeanors are classified into Class A through Class C. All offenses with a term of imprisonment of less than one year are misdemeanors and are exempt from the classification system (S.C. Code Ann. § 16-1-10).
The maximum prison term for each classified category is set by statute. It is not true that every felony carries more than one year, or that every misdemeanor carries less. For example, the maximum term for a Class A misdemeanor is three years, while the maximum term for a Class F felony is five years (S.C. Code Ann. § 16-1-20).
The same type of conduct can be a misdemeanor or a felony depending on the facts. For example, larceny of goods valued at $2,000 or less is petit larceny, a misdemeanor that carries a fine of not more than $1,000 or imprisonment of not more than 30 days. Larceny of goods valued at more than $2,000 is grand larceny, a felony (S.C. Code Ann. § 16-13-30).
Some serious offenses, such as murder, are exempt from the classification system and are punished as the statute for the offense provides (S.C. Code Ann. § 16-1-10(D)). A criminal defense attorney can explain how the law classifies the specific charge you are facing and what the possible outcomes are.
Types of Felony Offenses
South Carolina law classifies many different offenses as felonies. Here are some common categories:
- Violent Felonies: Murder, manslaughter, armed robbery and kidnapping fall into this group. Murder is punishable by death or by a mandatory minimum term of imprisonment of thirty years to life (S.C. Code Ann. § 16-3-20). Armed robbery carries a mandatory minimum of not less than ten years and not more than thirty years (S.C. Code Ann. § 16-11-330(A)). Kidnapping carries imprisonment of not more than thirty years (S.C. Code Ann. § 16-3-910).
- Drug Felonies: Crimes such as trafficking, manufacturing or distributing controlled substances are classified as felony drug charges. Trafficking and some other drug offenses set their own penalties, and many of them are exempt from the felony classes (S.C. Code Ann. § 16-1-10(D)). Penalties for a second or later offense are often higher.
- Property Felonies: Offenses such as burglary, grand larceny and arson are property felonies. Grand larceny of more than $2,000 but less than $10,000 carries a maximum of five years, and grand larceny of $10,000 or more carries a maximum of ten years (S.C. Code Ann. § 16-13-30(B)). First degree arson is a Class A felony (S.C. Code Ann. § 16-1-90).
- White-Collar Felonies: Non-violent crimes such as fraud and embezzlement, especially those involving larger sums of money, can be white-collar felonies. For example, embezzlement of public funds of $10,000 or more carries imprisonment of not more than ten years (S.C. Code Ann. § 16-13-210(B)). These offenses do not involve physical harm, but they can lead to prison time.
- Weapons Offenses: Possession of a firearm or ammunition by a person convicted of a crime punishable by more than one year is a felony. A first offense carries imprisonment of not more than five years, a second offense a mandatory minimum of five years and not more than twenty years, and a third or later offense a mandatory minimum of ten years and not more than thirty years (S.C. Code Ann. § 16-23-500).
- Sex-Related Felonies: Crimes involving sexual conduct, such as criminal sexual conduct, are felonies. First degree criminal sexual conduct is a Class A felony (S.C. Code Ann. § 16-1-90).
Understanding these categories can help you prepare to talk with a lawyer about the charge. A defense attorney can explain the possible penalties and defenses for your charge.
Felony Sentencing in South Carolina
South Carolina divides classified felonies into Class A through Class F. The class sets the maximum term of imprisonment (S.C. Code Ann. § 16-1-20(A)):
- Class A Felonies: Not more than 30 years. This class includes voluntary manslaughter, attempted murder, kidnapping, armed robbery and first degree criminal sexual conduct (S.C. Code Ann. § 16-1-90).
- Class B Felonies: Not more than 25 years.
- Class C Felonies: Not more than 20 years.
- Class D Felonies: Not more than 15 years.
- Class E Felonies: Not more than 10 years.
- Class F Felonies: Not more than 5 years.
Murder and some other offenses are exempt from the classes and have their own penalties, and some offenses carry mandatory minimum sentences. Each offense statute states the penalty for that offense, so the maximum term for your charge depends on the statute and not only on the class.
Within the range the law allows, sentencing can also depend on factors such as prior criminal history, the facts of the case and the evidence. A criminal defense attorney can help make sure that the facts that matter at sentencing are presented to the court.
Consequences of a Felony Conviction
A felony conviction can have life-altering consequences beyond the immediate penalties. Here are some of the long-term effects:
- Prison and Fines: The prison terms are described above, and the court may also order fines, probation, restitution to victims or a combination.
- Loss of Certain Rights: A person who is serving a term of imprisonment, or who is convicted of a felony and has not completed the sentence, including probation and parole, is disqualified from voting (S.C. Code Ann. § 7-5-120). A person convicted of a crime punishable by more than one year may not possess a firearm or ammunition (S.C. Code Ann. § 16-23-500) and is generally disqualified from serving on a jury unless civil rights have been restored by pardon or amnesty (S.C. Code Ann. § 14-7-810). Our article on the rights you lose after a felony conviction explains these in detail.
- Difficulty Finding Employment and Housing: A criminal record can make it harder to secure a job or housing, because many employers and landlords run background checks. A professional licensing board may also take action against a licensed professional who is convicted of a felony (S.C. Code Ann. § 40-1-110(1)(h)).
- Immigration Consequences: A noncitizen who is convicted of an aggravated felony at any time after admission is deportable, and other convictions can also have immigration consequences (8 U.S.C. § 1227(a)(2)). A noncitizen should talk with a lawyer about the immigration effect of any plea.
- Impact on Family Life: A felony conviction can strain family relationships. In a custody case, the family court decides based on the best interest of the child and considers factors that include abuse or neglect and domestic violence (S.C. Code Ann. § 63-15-240(B)).
These consequences are one reason to talk with a defense attorney early. A lawyer can explain the possible consequences of a charge and of a plea before you make decisions.
How Long Does a Felony Stay on My Record?
In most cases, a felony conviction stays on your record unless it is expunged. Expungement in South Carolina is limited to the offenses and situations the General Assembly has authorized (S.C. Code Ann. § 17-22-910). For example, a first offense of simple possession of a controlled substance may be eligible three years after the sentence is completed, and a first offense of possession with intent to distribute may be eligible twenty years after any sentence is completed, subject to the other conditions of the statute (S.C. Code Ann. § 22-5-930). A pardon is a separate remedy that restores civil rights (S.C. Code Ann. § 24-21-990).
A lawyer can help you determine whether your conviction is eligible. Our article on expunging a criminal record in South Carolina has more information.
Defenses Against Felony Charges
If you are facing felony charges, a defense attorney may be able to raise defenses such as these, depending on the facts:
- Challenging Evidence: Questioning the validity or handling of evidence can affect the strength of the prosecution’s case. The court may exclude evidence that was obtained unlawfully.
- Law Enforcement Procedures: Errors in an investigation, such as an unlawful search or arrest, can be raised in a motion to suppress. The result depends on the facts and the law.
- Negotiating for Reduced Charges: Plea negotiations can lead to reduced charges or different sentencing options in some cases. The solicitor decides whether to make an offer.
- Constitutional Violations: A claim that your rights were violated during the investigation or arrest can support a defense motion.
- Arguing Reasonable Doubt: The State must prove every element of the charge beyond a reasonable doubt (In re Winship, 397 U.S. 358 (1970)). Pointing out gaps or inconsistencies in the State’s case is part of many defenses.
Building a defense requires a careful review of the details of your case. No lawyer can promise a particular result.
Charged With a Felony? Know Your Defense Options
A felony conviction in South Carolina can have lasting consequences, from prison time and fines to limits on your rights and future opportunities. Understanding what makes a crime a felony and how the system handles these cases is important if you are facing charges.
If you have been charged with a felony, talk with a defense attorney about what comes next. With offices in Columbia, Greenville and Anderson, our firm can review the charge and explain your options. Contact our firm today to discuss your situation.
