If you’ve been charged with a crime in South Carolina, understanding whether it’s a misdemeanor or a felony matters. The classification affects everything from where you serve time to how long your sentence could be to what rights you may lose.
South Carolina law treats these two types of criminal offenses very differently. Here’s what you need to know about the key differences and what they mean for your case.
Misdemeanors
Understand the Basics
Misdemeanors are criminal offenses that South Carolina considers less serious than felonies. However, “less serious” doesn’t mean without consequences.
What you’re facing:
◊ County jail time (up to 3 years maximum for Class A misdemeanors)
◊ Fines and probation
◊ A permanent criminal record
◊ Potential impact on employment and housing
Common examples include:
◊ Simple assault and battery
◊ Fines and probation
◊ Disorderly conduct
◊ Trespassing
◊ First or second offense simple marijuana possession
Even though the penalties are lighter than felonies, a misdemeanor conviction stays on your record and can affect background checks for jobs, housing, and education.
Felonies
Felonies are the most serious criminal charges under South Carolina law. The consequences go far beyond jail time.
What you’re facing:
◊ State prison sentences (1 year to life, depending on the offense)
◊ Higher fines and restitution
◊ Loss of voting rights (while incarcerated and on probation/parole)
◊ Permanent loss of firearm rights under federal law
◊ Permanent loss of firearm rights under federal law
Common examples include:
◊ Burglary
◊ Armed Robbery
◊ Drug Trafficking
◊ Trespassing Aggravated assault and battery
◊ Felony DUI/DWI (third offense or causing death)
Felony convictions create lifelong barriers. You may lose the right to vote (though it can be restored after your sentence), you permanently lose the right to own firearms, and many employers, landlords, and licensing boards will deny opportunities based on a felony record.
Key Differences at a Glance
Where you serve time:
Misdemeanor = County jail
Felony = State prison
How long:
Misdemeanor = Up to 3 years
Felony = 1 year to life (or death in capital cases)
Your rights:
Misdemeanor = Generally keep civil rights
Felony = May lose voting and firearm rights
Long-term impact:
Misdemeanor = Affects some employment and housing
Felony = Severe, lifelong barriers to jobs, housing, and licenses
How Criminal Charges Affect Your Future
A criminal conviction doesn’t just affect your immediate freedom. It follows you.
1 | Employment
Background checks can disqualify you from jobs, especially in healthcare, education, finance, and positions requiring professional licenses.
2 | Housing
Landlords routinely deny rental applications based on criminal history.
3 | Education
Colleges may consider criminal records in admissions, and felony convictions can affect federal student aid eligibility.
4 | Professional Licensing
South Carolina licensing boards for nursing, real estate, law, and other professions may deny or revoke licenses based on convictions.
Can Charges Be Reduced or Dismissed?
Sometimes. Felony charges may be reduced to misdemeanors through plea negotiations. Charges may be dismissed if there are weaknesses in the prosecution’s case.
Factors that can help include:
◊ Weak evidence
◊ Fiest-time offense
◊ Mitigating circumstances
◊ Skilled negotiation by your attorney
Every case is different. An experienced criminal defense attorney can evaluate your situation and work toward the best possible outcome.
What to Do If You’re Facing Criminal Charges
1 | Protect your rights
You have the right to remain silent, the right to an attorney, and the right to a fair trial. Don’t make statements to law enforcement without your attorney present.
2 | Understand the charges
Know whether you’re facing a misdemeanor or felony and what the potential penalties are. Your attorney can explain the charges and the legal process.
3 | Build your defense early
The sooner you begin working on your defense, the better. Potential strategies may include challenging the legality of the stop or arrest, questioning witness credibility, or negotiating for reduced charges.
Frequently Asked Questions
1 | Can a felony be reduced to a misdemeanor?
In some cases, yes. Through plea negotiations, felony charges may be reduced depending on the facts and your criminal history.
2 | Will a misdemeanor show up on a background check?
Yes. Misdemeanor convictions are part of your permanent criminal record.
3 | Can my record be expunged?
Some misdemeanors may be expunged after a waiting period. Very few felonies are eligible for expungement in South Carolina.
3 | Do I need a lawyer for a misdemeanor?
Yes. Even misdemeanor charges can result in jail time and a criminal record that affects your future.
Understanding Your Options
Whether you’re facing a misdemeanor or felony charge in South Carolina, understanding the classification and potential consequences is critical. The criminal justice system is complex, and the decisions you make early in the process can have a lasting impact.
Understanding your charges and your rights is the first step. Contact Bannister Wyatt & Stalvey to discuss your case and explore your legal options.
Bannister Wyatt & Stalvey LLC.
Free Consultation
24 Cleveland St. Suite 100, Greenville, SC 29601
(864) 298-0084
info@bannisterwyatt.com
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every criminal case is unique, and outcomes depend on the specific facts and circumstances. If you are facing criminal charges, consult with a qualified attorney to discuss your case.
