Common Misdemeanor Charges in South Carolina

In South Carolina, a crime can either fall under a felony or misdemeanor. Misdemeanors are generally less serious than felonies, but they still come with their own set of penalties. Knowing the common misdemeanor charges in South Carolina can help you understand the charges against you as well as your rights.

South Carolina Misdemeanors

South Carolina misdemeanors are placed into one of three categories as follows:

• Class A. This is the most serious offense, which can include first-degree harassment and joyriding.
• Class B. Class B misdemeanors are not as serious as Class A but can still result in jail time. Examples of offenses include submitting false claims.
• Class C. While these are the least serious, they can still result in jail time. Examples of these include impersonating a policeman or voting under false pretenses.

South Carolina also has exempt misdemeanors that do not fall under any of the above categories and have their own penalties. The penalties are often shorter jail terms. An example of this can include unlawfully entering a premises.

Common Misdemeanor Crimes in South Carolina

While misdemeanors cover a broad range of offenses, there are some common ones that can fall under this category. These include the following:

• Third-degree assault and battery. This is the least serious assault and battery, where a person suffers minor injuries if any at all. Threats may be used, but a deadly weapon is not.
• Shoplifting. This includes stealing items that are valued less than a certain amount. Depending on the amount stolen and the defendant’s prior record, penalties will vary but can include jail time and/or fines.
• Disorderly conduct. Disorderly conduct includes behaviors that disturb the peace of the public, like being openly and obviously drunk and causing a disturbance in public.
• Vandalism. This can include damaging property, such as spraying graffiti on a public building. First offenses usually receive lighter penalties, especially if the damage to the property is minimal.
• Resisting arrest. When someone is about to be arrested, and they do things to try and stop it from happening, like constantly pulling away or trying to run from a police officer, this is resisting arrest.
• Driving Under the Influence. While some DUIs can be classified as a felony, less serious ones are considered misdemeanors, especially first-time offenses. Some penalties for this include jail time, community service, participation in alcohol treatment programs, and fines.
• Reckless driving. Reckless driving includes driving in a way that is dangerous and typically breaks the law, such as speeding excessively over the speed limit or running red lights. Reckless driving is usually dangerous and puts others’ lives at risk.
• Drug possession. Possession of certain amounts of low-level drugs can be classified as a misdemeanor, such as prescription drugs that you do not have authorization to have. Penalties may vary depending on the amount and type of drug found.
• Third-degree domestic violence. This refers to physical altercations that do not cause severe injury. This is common in situations such as romantic relationships or between family members.

Sentencing Options for Misdemeanors

Judges have the discretion to give sentencing penalties for those convicted of misdemeanors. However, these penalties usually look like the following:

• Probation. This is used as an alternative to jail time and has its own conditions to meet, such as completing treatment programs and checking in regularly with a probation officer.
• Community service. A defendant may be ordered to complete a certain number of service hours.
• Restitution. A defendant may be ordered to pay restitution to any alleged victims as part of their penalties.

Expungement Options

Some crimes in South Carolina can be expunged, which means that people can get rid of their criminal records and improve their chances of a better future. People who are usually eligible for expungement are:

• Getting through a prior intervention or diversion program without any problems.
• First-time offenders who get 30 days or less in jail.
• People who have been charged with certain drug crimes may get a conditional release.
• Some crimes are for young criminals under 25 years old.

A defendant must ask for expungement through the proper office, which will then look over the case. For some misdemeanors, the record may not be erased until a certain amount of time has passed.

FAQs

What Is the Most Common Punishment For a Misdemeanor?

Misdemeanors are often punished with a combination of fines, probation, and, on occasion, short jail sentences. Misdemeanors typically carry jail sentences ranging from a few days to a year, depending on the seriousness of the offense. Offenders charged with petty crimes may be sentenced to probation, fines, or community service instead of jail time, allowing them to avoid incarceration while remaining accountable.

What Is a Class C Misdemeanor in SC?

In South Carolina, a Class C misdemeanor is the least serious type of misdemeanor, with a maximum term of one year in jail. Crimes in this category include hazing, voting fraud, and impersonating an officer. Class C misdemeanors are less serious than Class A or B, but they still result in a criminal record and the possibility of penalties or community service.

What Is a Class B Misdemeanor in SC?

A Class B misdemeanor in South Carolina carries a jail sentence of up to two years. These offenses are more serious than Class C misdemeanors but less severe than Class A. Class B offenses include using fraudulent tickets, inciting disturbances, or making a false claim for benefits. Jail time, fines, probation, and mandated treatment are common consequences.

What Crimes Are Committed Most Frequently in South Carolina?

Property-related offenses like larceny, theft, and burglary, as well as violent crimes like aggravated assault, are the most common in South Carolina. Drug-related offenses, particularly possession, are prevalent throughout the state. South Carolina has relatively high rates of violent crime, which is typically related to socioeconomic issues and area drug activity where crime prevention is a top focus.

Contact Us Today

If you or a loved one has been charged with a misdemeanor, the Law Office of Charles T. Brooks III can help. Contact us today for more information.