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Prior convictions can affect your current charges in SC by raising the maximum possible sentence, increasing the sentence the judge imposes, and creating greater bond conditions.
Prior convictions may be admissible in a trial in limited circumstances, under S.C. Rules of Evidence Rule 404(b).
Our experienced Columbia criminal defense lawyers at Shealey Law Firm explains prior convictions and how they may impact your current charges.
Eight Ways a Criminal Conviction Can Affect Your Current Charges in SC
1. A more serious possible sentence
Some crimes have escalating penalties for repeat offenders. Drunk driving in SC is an example. A first offense is punishable by two to 30 days in jail or a $400 fine. But a third offense is punishable by 60 days to three years’ imprisonment and a fine.
Similarly, South Carolina penalizes Schedule 1 and 2 drug possession with up to two years imprisonment and a $5,000 fine for a first offense, but up to 10 years imprisonment and a $10,000 fine for a third offense.
Whether the potential penalties escalate depends on the specific crime charged.
2. Mandatory minimums
When penalties increase because of prior convictions, there may be a mandatory minimum sentence. For example, you may not serve jail time for a first drunk driving offense, but a third offense requires at least 60 days in jail.
3. Sentencing
As the judge decides what sentence to impose, they may consider the person’s criminal record. Even if the law doesn’t automatically enhance the penalties, the judge may impose a harsher sentence because of a prior conviction.
4. More serious bond conditions
When a person has prior convictions, the court may impose a higher bond amount and more restrictive bond conditions.
5. Habitual traffic offender law
South Carolina has a habitual traffic offender law. It applies when a driver has three serious violations or 10 or more total violations in three years. Habitual traffic offender status triggers a license revocation for five years. If a person is caught driving in habitual traffic offender status, they may face felony charges.
6. Two-strikes law, three-strikes law
The South Carolina repeat offender law imposes a mandatory life in prison sentence for multiple serious convictions. If a person is convicted of the two most serious offenses, they must be sentenced to life in prison. In addition, any combination of three serious and most serious offenses results in a mandatory life sentence.
7. New charges
You may face charges that are only possible with a prior conviction. For example, S.C. Code § 16-23-500 criminalizes possession of a firearm by a person convicted of a violent offense. A person required to register as a sex offender because of a prior conviction may be charged with S.C. Code § 23-3-470 if they fail to register.
8. Eligibility for special dispensation
A prior conviction may make you ineligible for special dispensation for a charge. For example, in South Carolina, you can only be sentenced under the Youthful Offender Act (YOA) once. You can only receive a conditional discharge for drug possession once.
How “Enhancement” Works in Criminal Sentencing
The prosecutor may ask the court to take judicial notice of a prior conviction, or they may admit certified records. A judgment of prior conviction is admissible in South Carolina as a hearsay exception.
The defense may challenge the accuracy of a prior conviction or whether it should count if it is from another jurisdiction.
Which Types of Crimes Are Most Affected by Prior Records?
- Drunk driving
- Drug offenses
- Gun crimes
- Sex offender registry violations
- Serious offenses (two and three-strikes laws)
Does Time Between Convictions Matter?
Time between convictions may matter for current charges in SC. If the conviction is old enough, it may not count. For example, in South Carolina, drunk driving laws, the prior conviction only counts if it is less than 10 years old. Not all criminal charges with sentencing enhancements have a limited lookback period.
Can Prior Out-of-State Convictions Be Used Against You?
Yes, out-of-state convictions can be used against you in SC. If the charge in another state or federal court is similar, it may count as a prior for South Carolina sentencing enhancement (See Burgess v. U.S.).
Are Prior Convictions Admissible at Trial?
Generally, a prior conviction is not admissible in a criminal trial to prove guilt. For example, if it’s your second drunk driving charge, the state can’t admit the prior conviction as proof that you’re guilty this time.
However, Rule 404(b) allows the state to use prior convictions in a trial in limited circumstances. Examples are proving motive, intent, or absence of mistake or accident.
The court decides whether prior convictions are admissible at trial.
What Is a Prior Conviction Under South Carolina Law?
Only final convictions under South Carolina law are admissible as prior offense convictions. If you were found not guilty or if the charges were dismissed, it shouldn’t affect your current charges in SC.
Contact an Experienced Columbia Criminal Defense Lawyer
An attorney can represent you in evaluating how prior convictions can affect your current charges in SC. Contact us at Shealey Law Firm to talk to an experienced Columbia criminal defense lawyer.