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In South Carolina, criminal charges are separated into two broad and distinct categories that include misdemeanors and felonies. While felonies are the more serious charges, misdemeanors also carry jail time, steep fines, and lasting social consequences that can be challenging to overcome. If you’re facing a misdemeanor charge, don’t wait to reach out for the skilled legal guidance of an experienced Charleston misdemeanor attorney.
The Cutoff Point Between Misdemeanors and Felonies
In many states, the dividing line between misdemeanors and felonies is when the maximum sentence exceeds one year in jail, but this isn’t the case in South Carolina. Misdemeanors in South Carolina carry up to three years in jail, which is a serious sentence that can derail your future.
Misdemeanor Classifications
Misdemeanors in South Carolina are grouped into three classes, and there is an additional category known as exempt misdemeanors that carry potential jail sentences of up to a year.
Class A Misdemeanors
Class A misdemeanors are the most serious category and they carry jail time of up to 3 years and fines of up to $2,500. Common Class A misdemeanors include:
- Harassment in the first-degree
- Joyriding
- Shoplifting
- Sexting without consent
- A third vandalism offense in 10 years
- A third DUI offense
Class B Misdemeanors
Class B misdemeanors carry jail terms of up to two years and fines of up to $2,000, and common examples include:
- Trespassing
- Disorderly conduct
- First-time offense for possession of marijuana
- Submitting a false claim for benefits
- Instigating or participating in a riot
Class C Misdemeanors
Class C misdemeanors carry up to a year in jail and fines of up to $1,000. Common examples include:
- Second-degree Harassment
- Public intoxication
- Driving without a license
Exempt Misdemeanors
Exempt misdemeanors refer to charges that do not fit into the other classifications. Instead, each charge has its own specific sentence and fine requirements, generally resulting in jail sentences of less than a year and fines starting at $500.
When a Misdemeanor Charge Is Bumped to a Felony
There are certain conditions that can bump a misdemeanor charge up a class or two, or that can elevate the charge all the way to a felony. Common examples include:
- Repeat misdemeanor offenses
- Offenses against vulnerable victims, such as children, family members, or the elderly
- Offenses that involve increasing harm, such as assault
Additional Social Consequences
In addition to fines and penalties, a misdemeanor conviction can lead to serious social consequences like the following:
- A decrease in social standing
- Trouble renting an apartment or getting a home loan
- Difficulty getting a job or keeping your job
- The inability to further your education with a federal student loan
- Limitations in terms of professional licensure
An Experienced Charleston Criminal Defense Attorney Can Help
Wyndham Law Firm proudly serving Charleston, is a formidable criminal defense attorney who understands the serious nature of misdemeanor charges and is committed to fiercely advocating for a favorable case resolution that supports your best future. Learn more by contacting or calling us at 843-279-5312 today.