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Criminal charges in South Carolina may be felony or misdemeanor charges. Felonies carry greater potential consequences and are typically the most serious offenses. In South Carolina, 11.91% of criminal charges are felony offenses.
What Defines a Felony in South Carolina?
A crime that is classified as a felony in South Carolina is punishable by five years or more of imprisonment. Some felonies are life offenses. Felonies are more serious than misdemeanors, with greater potential jail time, fines, and other consequences.
Examples of South Carolina felonies are:
- Murder
- Criminal sexual conduct
- Carjacking
- Robbery
- Arson
- Aggravated assault and battery
Felonies in South Carolina are classified from A to F, with A being the most serious.
What Is Considered a Misdemeanor in South Carolina?
Misdemeanors in South Carolina are criminal offenses punishable by up to three years’ imprisonment and other penalties.
What makes a charge a felony or a misdemeanor in South Carolina?
South Carolina state lawmakers determine if a crime is a felony or a misdemeanor. When they pass criminal laws, they decide how serious an offense should be and the maximum potential penalties. They may also include mandatory minimum sentences and fines if they choose.
Differences Between Felony Charges and Misdemeanor Charges
Potential Jail Time
Felony charges carry longer maximum incarceration. If you’re convicted of a felony, you’re more likely to be incarcerated, and you’re more likely to serve a longer sentence. Felonies and some misdemeanors can result in a prison sentence, but prison is much more likely for felonies. Some felonies are life offenses.
Potential Fines
Felony charges carry higher potential fines; fines escalate by the severity of the offense.
The court that Hears the Case
Felony charges in South Carolina are heard in Circuit Court – General Sessions. More serious misdemeanor charges are heard in General Sessions court, too. Less serious misdemeanor charges, including municipal ordinances and traffic offenses, are heard in Magistrate and Municipal courts.
The Number of Jurors
Felony charges are heard before a jury of 12 people. A misdemeanor case heard in Magistrate or Municipal court will have a jury of six people.
Preliminary Proceedings
There are some differences in legal proceedings for misdemeanors vs. felonies in South Carolina. For cases brought in General Sessions court, the defendant may request a preliminary hearing within 10 days. The purpose of the preliminary hearing is to review whether law enforcement had probable cause for the defendant’s arrest and detention.
In addition, grand juries focus on major cases. They can be used for misdemeanors, but it is rare.
The amount for release on bail is likely to be higher for a felony offense. In addition, bond conditions are likely to be more imposing.
No Contest Plea
When a person is charged with a felony, they may plead guilty or proceed to trial. When a person is charged with a misdemeanor, they have the option of pleading no contest or nolo contendere. For the purposes of sentencing, a no contest plea is like a guilty plea. However, the person doesn’t have to say that they’re guilty. The court must consent to the defendant entering a no contest plea.
Collateral Consequences of a Felony Charge
Felony charges usually come with more consequences that aren’t directly related to the criminal offense as opposed to misdemeanor charges. For example, if you’re convicted of a felony charge in South Carolina, you lose your voting rights until you’ve served your sentence. For misdemeanor offenses, your voting rights are suspended only while you’re in jail. If your conviction is a felony offense, you’re prohibited from owning a firearm. Violent misdemeanor offenses may also impact gun rights, but most misdemeanor convictions don’t impact gun rights.
Other collateral consequences may include professional licensing and job applications. Immigration penalties may be harsher for felony charges than misdemeanors.
Can you plead a felony charge down to a misdemeanor?
Yes, it’s possible to plead a felony charge down to a misdemeanor. If the plea is accepted, the felony charges are dismissed, and a conviction for the misdemeanor enters. Then, the person can be sentenced only up to the maximum penalties for the crimes pleaded to.
Can misdemeanor charges escalate to felonies?
Misdemeanor charges can escalate to felonies if a person has a prior conviction or there are aggravating factors related to the offense.
However, the Solicitor’s Office must pursue the elevated charges. The court doesn’t have the authority to impose a more serious sentence than the conviction allows.
Why You Should Hire a Criminal Defense Attorney for Felony or Misdemeanor Charges
All criminal charges are serious; any criminal offense has the potential to impact your life significantly. You should hire a criminal defense attorney whether you are facing felony or misdemeanor charges. An attorney can help you understand any differences between felony and misdemeanor offenses that may be important in your case.
Contact a Lawyer
At Shealey Law Firm, we aggressively represent clients who are charged with misdemeanors and felonies. If you are charged with a crime, or under investigation, the consequences can be serious. Our criminal defense lawyers can help. Call or message us now.