Understanding Class A Misdemeanors in South Carolina

Under the South Carolina Code of Laws (S.C. Code Ann.) § 16-1-10, crimes are classified into two primary categories: felonies and misdemeanors. Each category is further divided into subcategories. Misdemeanors, for instance, are classified into three main classes: Class A, Class B, and Class C.

Class A misdemeanors are considered the most serious and are punishable by up to three (3) years of imprisonment. Depending on the type of Class A misdemeanor offense, it may be subject to additional penalties, such as fines and probation.

Examples of Class A Misdemeanors in South Carolina

Offenses that are classified as class A misdemeanors in South Carolina are outlined in S.C. Code Ann § 16-1-100, some of which include:

• Second degree assault and battery (S.C. Code Ann § 16-3-600(A)): This entails an individual unlawfully injuring, attempting to injure, or offering to injure another person (the victim), and either of the following is true:
  • The victim got or could have gotten moderate bodily injury
  • The victim’s private part was nonconsensually touched above or below their clothing.
• Indecent exposure (S.C. Code Ann § 16-15-130): This involves an individual wilfully, maliciously, and indecently exposing themselves in a public place or a private property owned by another person. However, it does not apply to a woman breastfeeding their child in public.
• Possession of a controlled substance, which includes:
  • First offense possession of cocaine (S.C. Code Ann § 44-53-370(d)(3))
  • Possession of less than one gram of cocaine or methamphetamine base (S.C. Code Ann § 44-53-375(A))
• Driving-related offenses, such as:
  • Third offense of driving while under the influence of alcohol, drugs, or similar substances (S.C. Code Ann § 56-5-2930)
  • Third and subsequent offense of driving with a revoked, canceled, or suspended license (S.C. Code Ann § 56-1-460)
  • First offense failure to stop for a law enforcement vehicle involving no death or injury (S.C. Code Ann § 56-5-750)
  • Third offense driving with an unlawful alcohol concentration (S.C. Code Ann § 56-5-2933)
  • Second offense of operating a vehicle equipped with an ignition interlock device unlawfully (S.C. Code Ann § 56-5-2941).
• Theft-related offenses, like:
  • Purse snatching, not including robbery or grand larceny (S.C. Code Ann § 16-13-150)
  • Receiving stolen goods valued between $2,000 and $10,000 (S.C. Code Ann § 16-13-180(B)(2))
  • First offense organized retail crime involving property valued above $200 but less than $10,000 (S.C. Code Ann § 16-13-135)
  • Second or subsequent offense of electric current theft (S.C. Code Ann § 16-13-180).

In South Carolina, information about the prosecution of most cases involving a Class A misdemeanor offense is usually public. Interested individuals may access this information by reviewing South Carolina criminal court records.

Penalties for a Class A Misdemeanor in South Carolina

According to S.C. Code Ann. § 16-1-20, a Class A misdemeanor carries a maximum term of imprisonment of three (3) years. Depending on the type of offense, additional penalties may be imposed pursuant to relevant statutes. These include fines, probation, license suspension, and restitution payments. For example, a conviction for simple assault or battery is subject to a fine of up to $2,500.

Probation and Alternative Sentencing Options in South Carolina

Alternative sentencing options in South Carolina are generally used to reduce the rate of offender recidivism and the state’s reliance on prisons and jails. They aim to rehabilitate offenders without requiring their incarceration. Examples of alternative sentencing options in South Carolina include:

• Probation: This allows convicted individuals to remain in their community within an established timeframe instead of being sent to jail or prison. During the probation period, offenders are usually under strict supervision and are required to adhere to the standard conditions of probation. These conditions may include refraining from committing further crimes, reporting regularly to their probation officer, attending treatment or counseling programs, and undergoing regular drug tests.
• Community service: This involves completing a specified number of hours of work with an approved organization that has a positive impact on the surrounding community. This may include working with non-profit charities, public agencies, or other community-based programs.
• Diversion/intervention programs: Individuals charged with eligible offenses may participate in these programs, and upon successful completion, their charges are typically dismissed. There are various types of diversion/intervention programs in South Carolina, which are primarily overseen by Circuit Solicitors. Some examples include DUI court, veterans court, homeless court, alcohol education program, and domestic violence intervention program.

Alternative sentencing is typically granted at the court’s discretion, and various factors are taken into consideration before a court decides to grant an alternative sentence. These include the nature of the offense and its severity, as well as the offender’s criminal history. For instance, violent and sexual crimes are ineligible for alternative sentencing in South Carolina.

Can a Class A Misdemeanor Be Expunged or Sealed in South Carolina?

In South Carolina, the Uniform Expungement of Criminal Records Act, codified in S.C. Code Ann. § 17-22-910, governs the expungement process of criminal records. Class A misdemeanors that are eligible for expungement are also listed in the act, some of which include the following:

• First offense conviction for failure to stop for a law enforcement vehicle. Provided it involved no death or bodily injury, the defendant has not been convicted in the past three (3) years, and they have completed their sentencing requirements.
• First offense possession of certain controlled substances, resulting in the defendant receiving a conditional discharge. Provided the defendant has completed all of their sentencing requirements.
• First offense conviction under the Youthful Offender Act (YOA). Provided the offender has not been convicted for any other criminal charge within five (5) years of completing their sentence
• Offenses whose charges were dismissed after the defendant completed a Diversion/intervention program.

There are numerous benefits of expunging a record. Most notably, expunged records are inaccessible to the public and do not appear in background checks. Thus, they are hidden from potential employers and landlords, which may improve an individual’s chances of securing employment and housing opportunities.

Long-Term Consequences of a Class A Misdemeanor Conviction

Besides immediate consequences, such as fines, court costs, and jail time, a class A misdemeanor conviction may also have other long-lasting effects on various aspects of an individual's life. These include, but are not limited to:

• Career: Employers may view specific Class A misdemeanor convictions on a candidate’s record as a red flag, potentially making it more difficult for the individual to secure employment.
• Professional license: An individual may lose their professional license if they are convicted of a class A misdemeanor that is closely related to their field of practice. Similarly, licensing bodies may deny applicants the opportunity to obtain or renew their license due to specific class A misdemeanors on their criminal record.
• Housing options: Having a class A misdemeanor on one’s record may lead to added scrutiny by landlords, potentially limiting their housing options.
• Future offenses: A court may consider prior convictions when sentencing an individual, which could result in harsher penalties.
• Gun possession: individuals convicted of a violent offense are prohibited from possessing a firearm or ammunition per S.C. Code Ann § 16-23-500.

What to Do if You’re Charged with a Class A Misdemeanor in South Carolina

One of the first things that an individual charged with a misdemeanor in South Carolina should do is identify the charged offense and ascertain the possible penalties. Ideally, this should be done by consulting with a licensed attorney. Generally, a license attorney can utilize their legal expertise to investigate the facts surrounding the charges, negotiate a plea deal or alternative resolutions, serve as a legal representative during trial, and perform other related tasks.

Alternatively, interested individuals may review relevant state laws themselves to determine which statutes apply to their specific situation. It is also important to gather documents and information related to the charged offense, which can be used to support arguments against the charges. Additionally, individuals should note the hearing date, which may be specified in the legal notice they received. They can also contact the court to inquire about their charges.

Statute of Limitations for Class A Misdemeanors in South Carolina

South Carolina is one of two states that does not have a statute of limitations for filing criminal charges. Thus, regardless of how long ago an individual committed a class A misdemeanor in the state, charges may be brought against them if new evidence or a witness is discovered.