Misdemeanors vs. Felonies in South Carolina
In South Carolina, misdemeanors generally carry less severe penalties than felonies, but both types of charges can affect your criminal record and future opportunities. The classification and potential sentence depend on the specific offense and the applicable law.
If you are facing a felony or misdemeanor charge, The Laubshire Law Firm, LLC, can help. Our Columbia, SC, criminal defense lawyer can explain the accusation, identify possible weaknesses in the evidence, and help you understand your options before responding.
South Carolina Law Classifies Crimes by Severity
S.C. Code § 16-1-10 recognizes six felony classes and three misdemeanor classes for sentencing purposes, while some offenses are exempt from the classification system or follow separate sentencing rules. Shoplifting is one example of how the value involved can change the charge level. Under current South Carolina law, shoplifting merchandise valued at $2,000 or less is generally a misdemeanor, while shoplifting more than $2,000 can be charged as a felony.
Misdemeanors Can Still Lead to Jail and Other Consequences
A misdemeanor is not simply a minor inconvenience. A conviction may result in jail time, fines, probation, or other court requirements. For example, South Carolina’s shoplifting statute provides a maximum of 30 days in jail or a fine of up to $1,000 when the shoplifted merchandise is valued at $2,000 or less. That is the statutory maximum, not the actual sentence in an individual case.
A misdemeanor record may also raise questions during job applications, housing searches, or professional licensing reviews. The effect depends on the type of conviction and the rules that apply to the opportunity involved.
Felonies Carry More Serious Potential Penalties
Felonies generally carry more severe penalties, although the maximum sentence depends on the offense and its governing law. Under the same shoplifting statute, merchandise valued at more than $2,000 but less than $10,000 can support a felony charge punishable by up to five years in prison and a fine of up to $1,000. Shoplifting merchandise valued at $10,000 or more can carry up to ten years in prison.
A felony charge does not mean a person will receive the maximum sentence or go to prison. The charge, the evidence, criminal history, and applicable sentencing rules all affect the possible outcome.
A Conviction Can Affect More Than Your Sentence
The consequences may continue after your case ends. For example, if you are applying for a job that requires a background check, you may have to address a criminal conviction. A professional licensing board may also review certain convictions when deciding whether an applicant meets its requirements. These effects are not automatic in every situation. The type of offense and the rules governing the job, license, or other opportunity help determine what happens next.
The Exact Charge Can Shape the Defense Strategy
The charge helps determine the possible penalties and how the case proceeds. Our criminal defense attorney in Columbia, SC, can evaluate police reports, witness statements, surveillance footage, and other evidence for inconsistencies or legal problems. In a shoplifting case, for example, a defense lawyer may examine how the store calculated the merchandise’s value and whether the evidence supports the allegation that the person intended to deprive the merchant of the merchandise without paying its full retail value.
Understand the Charge Before You Plead
A criminal charge is an allegation, not proof of guilt. Our criminal defense attorney can explain the classification, examine the evidence, and help you weigh your options before you make a decision that could affect your future. To book your free case assessment, contact us online or call The Laubshire Law Firm, LLC, at 803-708-4755.
