South Carolina Class B Misdemeanors

In South Carolina, Class B misdemeanors are mid-level crimes that lie between Class A (the highest) and Class C (the lowest). The South Carolina Code's Section 16-1-20(A)(8) states that Class B misdemeanors carry a maximum sentence of two years in jail.

In contrast, felonies in South Carolina carry harsher punishments and a significantly longer jail sentence. Class A felonies carry a maximum sentence of 30 years in prison under SC Code 16-1-20(A), while Class F felonies carry a maximum sentence of 5 years in jail. It is essential to recognize and comprehend the importance of these classifications. They influence the potential legal repercussions one may face, including jail time, fines, and the overall effect on one's South Carolina criminal record.

For instance, low-level theft, like the use of any false coin to operate an automatic vending machine or other machine requiring coins for operation, is usually treated as a misdemeanor in South Carolina. Simple trespass upon state park property is also a misdemeanor and can lead to fines of up to $200 and up to 30 days in jail for the first offense (SC Code 56-1-2070).

Common Examples of Class B Misdemeanors in South Carolina

In South Carolina, several offenses are legally considered Class B misdemeanors. These offenses cover a wide range of conduct across different aspects of law. Some examples include aiding an escape from lawful detention (SC Code 16-11-580(C)(1)). Simply leaving a jail cell open for a detainee to escape is considered a Class B misdemeanor. This category also includes second and third-degree computer crimes, which involve unlawful access to computer systems or data (SC Code 16-17-10).

Other common examples of Class B misdemeanors recognized under South Carolina law include drawing and uttering a fraudulent check of $5,000 or less for a first offender. Various drug-related violations, such as first-time possession of controlled substances in Schedules I, II, or LSD (SC Code 44-53-395). Environmental infractions, such as deliberate pollution of the environment, are also classed as subsequent offenses.

Additional examples include forest product breaches involving goods valued between $1,000 and $5,000, assaults on military personnel, and solicitation of emigration without necessary licensing (SC Code 16-11-910). However, it's important to understand that each case may differ in how the offenses are charged and prosecuted due to unique circumstances and past criminal history.

Statute of Limitations for Class B Misdemeanors in South Carolina

Misdemeanor and criminal cases in general do not have a statute of limitations in South Carolina. This implies that whenever prosecutors have sufficient evidence to support a cause of action, they may file charges. The amount of time that has gone by is irrelevant.

South Carolina is one of only a few states with no general criminal statute of limitations. There is no section in Title 17 (Criminal Procedures) or elsewhere in the South Carolina Code that imposes a deadline on initiating prosecution for misdemeanors or felonies. Hence, the time for prosecution begins when the crime is committed or, in some cases, when it is discovered.

However, a slight exception exists in a case where the defendant is below 18 or incapacitated. There is still no deadline, but there is a practical jurisdiction limit.

Unless the petition was filed prior to the person's 18th birthday, the South Carolina Family Court often loses jurisdiction. If a petition was not submitted while the person was still a minor, some prior juvenile offenses cannot be punished in Family Court later. However, if the offense is serious, such as a violent crime or a felony, prosecutors can seek a waiver in adult court, even if the person is now an adult.

Legal Penalties for Class B Misdemeanors

In South Carolina, Class B misdemeanors are mid-level offenses carrying moderate penalties that are less severe than Class A but more serious than Class C. Typical statutory maximum penalties for most Class B misdemeanors include up to two years in jail and/or fines that vary by the specific offense (often ranging from $500 to $5,000, depending on the statute).

Some examples from state law include:

• Riot participation with aggravating factors (up to 2 years/$500)
• Certain false statements to public housing agencies (up to 2 years/$1,000)
• Third/subsequent aquaculture theft (up to 2 years/$5,000 plus restitution).

Actual sentences are determined by the judge and can be significantly lower than the maximum. Probation, community service, restitution, court costs, reduced jail sentences (or none at all), or a combination of these are frequently imposed by courts. The outcome is influenced by the offense's circumstances, criminal history, and the court's judgment.

A Class B misdemeanor conviction results in a lifelong criminal record (unless later erased), which may impact employment background checks, professional licensure, housing applications, credit opportunities, and firearm rights. These collateral effects might linger long after any fine or jail sentence is served.

Court Process for Class B Misdemeanors

The court process for a Class B misdemeanor in South Carolina usually begins with an arrest or a citation, both of which require law enforcement to show probable cause. After an arrest, the defendant appears before a magistrate judge for a bond hearing within 24 hours. The judge decides on release conditions based on the following factors:

• Whether the defendant poses a flight risk
• Whether the defendant poses a threat to public safety
• The defendant’s ties to the community

If the defendant decides to challenge the charge, they may request a preliminary hearing within ten days. The hearing involves a judge who determines:

• If concrete evidence exists for the case to proceed
• The existence of probable cause

Next, the initial appearance or roll call (typically held within 45 days). No plea is taken, but legal representation for the defendant is ensured.

Cases that proceed in South Carolina General Sessions Courts, which are common for Class B misdemeanors carrying up to two years in prison, move next to the grand jury. If the grand jury issues an indictment, the defendant is arraigned and enters a plea.

Following that, both parties exchange evidence, file motions, and possibly arrange a plea bargain. If the case is not resolved, it proceeds to trial, where the State must show guilt beyond a reasonable doubt. The sentence is based on the offense, record, and circumstances.

How Class B Misdemeanors Affect Your Criminal Record

When a person is convicted of a Class B misdemeanor in South Carolina, it becomes permanent on their criminal history, and will show up on most routine background checks run by employers, landlords, licensing boards, and government agencies. Even though it is less serious than a Class A misdemeanor, it is still a criminal conviction and remains visible unless it is successfully removed through the narrow expungement processes available in the state.

South Carolina does not allow Class B misdemeanors to be cleared under the general first-offense expungement rule, which is limited to low-level offenses carrying no more than 30 days in jail or a $1,000 fine. Class B crimes like second or subsequent DUIs, bigamy, or certain false-report offenses carry higher penalties. Hence, they typically stay on a person’s record for life unless a rare pardon or extraordinary form of relief is granted.

The prominence of these convictions might provide challenges in employment, housing, professional licensure, loan availability, and eligibility for certain benefits. Some private background check businesses may continue to disclose the conviction even after state databases are updated. Limited record-clearing options exist, but they are much more restrictive for Class B offenses, and eligibility is never guaranteed.

Differences Between Class B Misdemeanors and Other Offenses

Class B misdemeanors fall right in the middle of the misdemeanor spectrum, carrying a maximum penalty of up to two years in jail and fines that vary by offense, such as up to $1,000 or more, depending on the statute. These crimes, like certain insurance frauds or second-degree computer crimes, indicate moderate wrongdoing that impacts society but doesn’t rise to the level of major harm.

Compared to Class A misdemeanors, which are more severe and punishable by up to three years in jail (e.g., thefts over $2,000), Class B offenses reflect slightly lesser gravity. Class C misdemeanors, on the other hand, are the least serious, with penalties up to one year in jail or even just 30 days for minor violations like certain traffic infractions.

However, South Carolina does not recognize “gross misdemeanors”, a term used in some other states for enhanced misdemeanors. Felonies, in contrast, are far graver, classified from Class A to F, with sentences exceeding 3 years, up to 30 years for Class A felonies like armed robbery. Felonies often involve prison time, higher fines, and long-term consequences like loss of voting rights, emphasizing their greater threat to public safety compared to any misdemeanor.

How to Check for Class B Misdemeanors in Court Records

South Carolina cases are typically handled in magistrate or municipal courts, so checking Class B misdemeanor records involves local processes, as access varies by county. Individuals must always verify with official sources, as procedures and fees differ. Follow the steps below to check for a Class B misdemeanor in South Carolina:

• Search statewide criminal history via SLED CATCH: Visit the SLED website for a name-based check ($25 fee + $1 online). Enter last name, first name, DOB (SSN optional); results show South Carolina arrests/convictions, including misdemeanors.
• Use county-specific online portals: Check the county clerk of court’s website (e.g., Charleston or York) for magistrate searches by name/case number.
• Visit local offices: Go to the county magistrate court or clerk of court for in-person/public terminal access. Bring ID and case details if known; copies may cost $0.25/page.

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

Yes, in South Carolina, a Class B misdemeanor can be expunged if it qualifies as a first-offense, non-violent misdemeanor with a maximum penalty of 30 days’ jail or a $1,000 fine, or if it falls under specific eligible categories (Per § 17-22-910):

• Fraudulent check
• Certain drug possession

Most common Class B offenses, like simple assault, animal cruelty, or possession of controlled substances, are not automatically eligible and usually cannot be expunged unless:

• Charges were dismissed or
• The person completed a diversion program (e.g., PTI, AEP).

Expungement permanently destroys the record. Sealing is not separately offered for adult convictions in South Carolina. However, benefits include:

• Cleaner background checks for jobs
• Housing
• Professional licenses