South Carolina Felony: Laws, Penalties, Sentencing, and Records

In South Carolina, a felony is a serious offense that carries a sentence of more than a year in state prison. The most serious crimes under South Carolina law are felonies, which have long-term repercussions that include lengthy jail sentences, hefty fines, rights restrictions, and permanent criminal records. Class A is the most serious of the six felony classes that South Carolina has: Class A through Class F.

What Is Considered a Felony in South Carolina?

The South Carolina Code of Laws (Title 16: Crimes and Offenses)defines felonies in the state. Typical felonies in South Carolina include:

• Violent Crimes: Such crimes include murder, manslaughter, aggravated assault, rape, armed robbery, and kidnapping.
• Drug Crimes: Drug crimes include the trafficking, manufacturing, and distribution of controlled substances.
• Property Crimes: These crimes include arson, burglary, auto theft, and larceny of property worth $2,000 or more.
• White-Collar Crimes: White-collar crimes typically include fraud, embezzlement, securities violations, identity theft, and forgery.
• Weapons Offenses: These include crimes involving a weapon, such as possession of a firearm, armed criminal action, and unlawful weapon sales.

South Carolina may sometimes elevate misdemeanors to felonies depending on severity. For example:

• Shoplifting becomes felony shoplifting if the value exceeds $2,000.
• Simple assault rises to felony assault when it involves serious injury or the use of a deadly weapon.

What Is a Felony in South Carolina?

According to South Carolina law, a felony is any offense that carries a sentence of more than a year in state prison. Misdemeanors, on the other hand, can result in up to three years in prison, depending on the classification.

Consequences of a felony conviction in South Carolina include:

• Prison sentences ranging from 5 years to life or death.
• Fines up to $25,000 or higher.
• Loss of rights, including firearm ownership and voting, while incarcerated.
• A permanent criminal record affects employment, housing, and licensing opportunities.

Felony Classes and Penalties in South Carolina

South Carolina categorizes felonies into six classes: A through F.

South Carolina Felony Classes

• Class A Felony
  • This class of crimes includes first-degree criminal sexual conduct, attempted murder, and armed robbery.
  • Penalty: These can get a perpetrator up to 30 years in prison.
• Class B Felony
  • These include voluntary manslaughter, kidnapping, and arson in the second degree.
  • Penalty: If found guilty of these crimes, defendants can serve up to 25 years.
• Class C Felony
  • These include burglary in the second degree (violent), certain assaults, and significant drug trafficking.
  • Penalty: Such crimes attract sentences of up to 20 years.
• Class D Felony
  • Class D felonies include burglary in the second degree (nonviolent), financial crimes, and mid-level drug trafficking.
  • Penalty: These can get the defendant up to 15 years.
• Class E Felony
  • Includes property theft over $10,000, certain frauds, and firearm possession by felons.
  • Penalty: Sentences for these crimes could be up to 10 years.
• Class F Felony
  • These are the least severe felony category, and include smaller-scale frauds, lower-level drug possession with intent, and minor assaults.
  • Penalty: Defendants may face up to 5 years if convicted of any of these crimes.

Felony Sentencing Guidelines in South Carolina

The South Carolina Sentencing Guidelines, statutory ranges, and felony class are the basis for sentencing in South Carolina.

Key Sentencing Factors

1. Felony Class: This determines the maximum possible penalty.
2. Mandatory Minimums: Some crimes, such as drug trafficking and firearm-related offenses, attract compulsory prison terms.
3. Aggravating Factors: Aggravating factors that can worsen a person’s sentence include having prior convictions, committing crimes against children or elderly victims, being in a gang, and using deadly weapons.
4. Mitigating Factors: Mitigating factors that can help lessen a person’s sentence include first-time offender status, cooperation with authorities, or rehabilitation potential.
5. Repeat Offender Enhancements (Two-Strikes and Three-Strikes Laws): Violent repeat offenders may face life without parole.
6. Probation: Certain lower-level felonies (Class E and F) may qualify for probation.
7. Parole: The South Carolina Department of Probation, Parole, and Pardon Services is responsible for determining the eligibility of potential parolees.

For instance, armed robbery is a Class A felony that carries a maximum sentence of 30 years in prison and, depending on the specifics of each case, limited parole eligibility.

Felony Laws and Procedures in Major South Carolina Cities

Charleston (Charleston County)

The Charleston County Court of General Sessions handles violent crimes, drug trafficking, and property offenses. It is also responsible for prosecuting felony cases in Charleston. The South Carolina Judicial Department Case Records portaland the Charleston County Clerk of Court both provide access to the records.

Columbia (Richland County)

The Richland County Court of General Sessions is in charge of prosecuting felonies in Columbia, and it has a heavy docket of violent, drug, and burglary cases. The Richland County Clerk is the source of the records.

Greenville (Greenville County)

The Greenville County Court of General Sessionshandles felony prosecutions in Greenville, including instances of violence, theft, and fraud. The Greenville County Clerk's Office is the place to access records.

How to Search for Felony Records in South Carolina

South Carolina provides both statewide and county-level access to felony records.

1. South Carolina Judicial Department Case Records Search

Users can search for felony case records by name or case number on the public case search portal. Typically, records consist of:

• Case number and docket history.
• Charges filed.
• Court location.
• Sentencing outcomes.

2. County Clerk of Court Offices

You may get certified felony case files from the Clerk of Court of the prosecuting county.

3. South Carolina Law Enforcement Division (SLED)

You may find statewide criminal history reports, including felony convictions, using the SLED Criminal Records Check system. Note that you will need to pay a fee to use the system.

4. Local Police and Sheriff’s Departments

You may find records of arrests and bookings, which local police and sheriff's offices typically maintain. The South Carolina Freedom of Information Act (FOIA) allows for requests; however, you may not be able to access records related to ongoing investigations.

5. Third-Party Background Checks

Private third-party services also provide felony record searches for a fee, but official SLED and judicial portals are more reliable.

Open vs. Sealed Records

• Open Records: Most felony convictions remain public.
• Expungement: South Carolina offers limited expungement for certain nonviolent felonies after long waiting periods. However, you may not be able to expunge records of violent crimes, sex offenses, and multiple felonies.

Why Understanding Felonies in South Carolina Matters

Felony convictions in South Carolina carry serious consequences that go beyond fines and prison time. Such convictions can restrict the rights of the convict, reduce their employment opportunities, and impact their access to housing. Individuals, employers, and organizations alike must understand South Carolina's felony laws, sentencing, and how to access felony records.

The penalty for South Carolina's six classes of felonies (A–F) ranges from five years for Class F felonies to thirty years or more for Class A felonies, including life in prison without the possibility of parole in some circumstances. Statutory ranges, persistent offender laws, and aggravating or mitigating circumstances can have an impact on sentencing. Felony records are available via SLED, county clerks of court, or the South Carolina Judicial Department online.