Sumter Misdemeanor Lawyer

Sumter Misdemeanor Attorney

When you are arrested or charged and are not familiar with the law, it can be confusing to understand the difference between a misdemeanor and a felony. Although a misdemeanor is typically less serious than a felony, it still comes with its own serious consequences. If you face a misdemeanor, a Sumter misdemeanor lawyer can help you understand your options.

At the Law Office of Charles T. Brooks III, we have over 25 years of experience in helping clients move through the legal process following a misdemeanor accusation. We know that having a misdemeanor can drastically change your life and have a serious effect on your record. We strive to give you the individualized attention you need and seek all possible avenues to get the greatest possible outcome for your criminal defense case.

South Carolina Misdemeanors

A misdemeanor is a less serious crime than a felony. Misdemeanors are usually punished by fines, probation, or time in jail. Even though misdemeanors are less serious, they can still affect your record, thus making certain things, such as seeking employment and housing, more difficult. Some examples of misdemeanors include:

• Petty theft
• Simple assault
• Disorderly conduct
• Vandalism
• Public intoxication
• Trespassing
• Minor drug possession
• Harassment
• Hazing
• Reckless driving
• Minor fraud

Misdemeanor Classifications

In South Carolina, misdemeanors are usually classified into a certain class. There are three classes that a misdemeanor can fall under including:

• Class A. Class A misdemeanors come with the most severe penalties. Some common crimes that fall under this category include joyriding and sending obscene messages. Having a conviction can negatively impact a person’s ability to have a job and secure housing in the future.
• Class B. Class B misdemeanors are not as serious as Class A, but more serious than Class C. Some common crimes that fall under this category are inciting a riot or submitting a false claim.
• Class C. Class C misdemeanors are the least serious type of misdemeanors. Common crimes that fall under this category include hazing or impersonating a law enforcement official. Although these penalties are the least harsh, they can still have a negative effect on a person’s job and social life.

South Carolina also has “exempt” misdemeanors, which don’t fall into these classifications but carry their own penalties and jail sentences. Crimes that would fall into this exempt status include third-degree domestic violence and minor trespassing.

Penalties for Misdemeanors in Sumter

Generally speaking, jail time, fines, and/or probation are the common penalties given to those convicted of a misdemeanor. While some of these crimes have mandatory sentences, a judge will offer the penalty at his or her discretion. There are also alternative options available that may be granted under certain circumstances.

• Probation can be given instead of jail time. Probation usually comes with specific terms in order to see it to completion. Common probationary terms include checking in regularly with a probation officer.
• Community service. A person may be ordered to perform a certain amount of hours of community service instead of time in jail. This is usually an option for minor offenses or those who do not have a prior criminal record.
• Treatment groups. Treatment groups can be a condition of probation or its own standalone penalty. These usually aim to rehabilitate the offender rather than punish them for their crime. For instance, this can involve an alcohol treatment program if alcohol played a factor in the crime.

Some special programs can help people who are being charged with minor crimes. These programs offer treatment and accountability without an official court trial, and they are usually only for first-time offenders.

People who join the program agree to meet certain requirements like going to classes or paying back what they owe to avoid being charged with a crime. Upon successful completion, the charges may be dropped, and in some cases, your record may be erased.

Under other circumstances, records can be erased or expunged for minor misdemeanors, first-time offenders, and crimes committed by younger offenders, both violent and nonviolent. A person would usually have to fill out an application to request expungement. An attorney in Sumter can help you with this process.

FAQs About Sumter, SC Misdemeanor Laws

Do You Need a Lawyer For a Misdemeanor in SC?

While you are not obligated to hire a lawyer for a misdemeanor in South Carolina, doing so can have a substantial impact on the outcome of the case. Misdemeanors can result in jail time, fines, and a permanent record, so a lawyer can assist you in defending your rights, negotiate penalties, or even seek dismissal. An attorney can also advise you on expungement and how to avoid penalties that could harm your future.

How Much Does a Criminal Lawyer Cost in SC?

The cost of engaging a criminal lawyer in South Carolina varies greatly depending on the case’s complexity, the lawyer’s history, and location. Misdemeanor cases often have lower fees than felonies, and many attorneys provide fixed rates for basic cases. While fees can be high, some lawyers offer payment plans or flexible arrangements to make legal counsel more affordable.

Can You Be a Lawyer In SC With a Criminal Record?

You can become a lawyer in South Carolina with a criminal record, but the South Carolina Bar will perform an extensive assessment. Applicants must demonstrate excellent moral character, rehabilitation, and candor about previous transgressions. Certain significant offenses may affect eligibility, but lesser charges, particularly ones expunged or resolved years ago, may not exclude licensure if you can demonstrate change and fitness to practice.

Do You Need a Lawyer For a Class A Misdemeanor in SC?

If you are charged with a Class A misdemeanor in South Carolina, you should definitely hire a lawyer. These are the most serious types of misdemeanors, and you could spend up to three years in jail for them. A lawyer can help you get lighter sentences, work out plea deals, and lessen the effect the charge will have on your future. For getting complicated charges and looking into all possible defenses and alternatives, you need to talk to a lawyer.

Sumter Misdemeanor Lawyer

Being charged with a crime can feel isolating and devastating, but an accusation does not mean a conviction. If you have been charged with a misdemeanor, the Law Office of Charles T. Brooks III can help. Contact us today to get started.