First-Degree Felony in South Carolina

In South Carolina, the term “first degree” refers to the most severe version of a felony offense. Felonies typically become first-degree crimes when the offender reveals an intent or premeditation to cause death or to inflict grievous physical injury on another.

South Carolina classifies felonies into multiple classes: A, B, C, D, E, and F. These classes are based on the severity of their penalties, with Class A having the most severe penalties. However, not all felonies belong to these classes. Section 16-1-10 of the South Carolina Code of Laws sets aside felonies that warrant capital punishment.

Generally, most first-degree felonies fall under the Class A and unclassified categories. The Class A, for instance, includes first-degree felonies like arson and criminal sexual conduct. However, the unclassified category consists of more severe first-degree crimes like murder, battery, and criminal sexual conduct with a minor.

Note: South Carolina does not group felonies based on the crime type or number of prior convictions.

Common Crimes Classified as First-Degree Felonies in South Carolina

Common examples of first-degree felonies in South Carolina are:

• Murder in the first degree.
• Arson in the first degree.
• Burglary in the first degree.
• Criminal sexual assault in the first degree.
• Assault and battery by mob in the first degree.
• Harassment in the first degree.

The FBI Crime Data Explorer keeps records of first-degree felony incidents that occurred in South Carolina. Per the agency’s 2024 report, the state recorded 550 homicides, 405 arsons, and 15,731 aggravated assaults.

Prison Sentences and Fines for First-Degree Felonies in South Carolina

In South Carolina, persons convicted of first-degree felonies may face sentencing between 5 years and the death penalty. The sentencing may depend on the felony class and the number of prior convictions.

Based on felony classes, Class A first-degree crimes carry more severe penalties than those in subsequent classes. For instance, convicted Class A felony offenders may receive up to a 30-year jail term, while Class F felony offenses attract a maximum of 5 years.

South Carolina statutes may impose penalties based on the number of prior convictions. Case in point: first-time offenders may receive a 30-year jail term for first-degree criminal sexual conduct against a minor less than 11 years old. However, they receive the death penalty if there’s a previous conviction for the offense.

There are instances when the court judge imposes fines as an alternative or complement to a prison sentence. Note that there are no state directives on the minimum or maximum penalties for first-degree offenses. So, the fine amount may depend on the judge’s discretion.

What is the Maximum Sentence for a First Degree Felony in South Carolina?

In South Carolina, the death penalty is the maximum sentence for a first-degree felony. The state judicial system may impose the death penalty for felonies in which the offender intentionally killed another person during a criminal act. In some cases, repeat offenders of specific offenses may qualify for the death penalty. Case in point: Offenders may get the death penalty if convicted of first-degree sexual assault of a minor for the second time.

Note: Trial court judges may pass the death sentence after reviewing the following:

• The circumstances around the incident.
• The jury’s verdict recommends the death penalty.

What is First Degree Murder in South Carolina?

South Carolina statutes do not differentiate murder-related offenses into first or second degrees. Instead, murder offenses are classified under the unclassified felony class and may attract the most severe penalties.

Convicted offenders may face a minimum 30-year sentence, a maximum life sentence, or the death penalty, depending on the circumstances of the incident. Murderers are likely to get capital punishment if there was an intent to cause the death of another. For example, murder during robbery or other criminal acts may result in capital punishment. Note that offenders are not eligible for parole or probation if sentenced to life imprisonment or the death penalty.

Public Access to First-Degree Felony Records in South Carolina

In South Carolina, most first-degree felony records are publicly accessible. Interested persons may find these records via resources provided by the state’s agencies.

For instance, state-level websites like the South Carolina Judicial Branch maintain different online search portals for felony court records. Inquirers using these search portals must fill in the required information to view records. Online searches are mostly free but limited in terms of access to confidential information.

To access confidential court documents, you may visit the clerk of the courthouse that handled the case. These clerks may allow in-person or mail-in access to court documents. Inquirers must pay the required fees or provide identification to obtain records. For instance, the Kershaw County clerk of courts charges $1 per page and $2 for certification. In addition, the clerk charges a non-refundable $20 search fee.

Can First Degree Felony Records Be Sealed or Expunged in South Carolina?

South Carolina statutes do not support the expungement or sealing of first-degree felonies. Under the law, crimes of violence, such as most first-degree felonies, are not eligible for expungement. However, Section 22-5-910 allows the expungement of misdemeanor charges. Persons convicted of misdemeanors are eligible to file for expungement under these conditions:

• The charges were dismissed or ended with no verdict.
• The court conviction carried penalties of less than 30 days in jail and up to $1,000 in fines.
• It was a first-time conviction for possessing or distributing a controlled substance.
• The conviction was processed under the Youthful Offender Act.

Difference Between First-Degree and Second-Degree Felonies in South Carolina

In South Carolina, the severity of crime and the penalties are the main difference between first- and second-degree felonies. Based on crime severity, first-degree felonies are often accompanied by violence and premeditation. These crimes also led to the death of another person or grievous physical injury. In contrast, second-degree felonies include criminal acts that may pose severe bodily harm to others.

Based on penalties, second-degree felonies carry less severe penalties than first-degree crimes. Case in point: persons convicted of first-degree lynching may get up to 30 years in jail. However, the maximum sentence is 25 years for second-degree lynching.

Statute of Limitations for First-Degree Felony Charges in South Carolina

The statute of limitations is the timeframe for prosecuting an offender for a crime. In South Carolina, there is no statute of limitations for most serious felonies, including first-degree felonies. This means victims or prosecutors may press charges at any time after the incident or discovery date. Examples of first-degree felonies with no statute of limitations include the following:

• Arson in the first degree.
• First-degree criminal sexual conduct.
• First-degree burglary
• First-degree assault.

Probation and Parole Eligibility for First-Degree Felonies in South Carolina

Per SCCL 24-21-610, persons convicted of first-degree felonies are generally eligible for parole or probation. Convicts become eligible after serving one-third of their sentence. However, offenders may be eligible for parole after serving 10 years of a sentence longer than 30 years or life imprisonment. Note that those on the death penalty are not eligible for parole or probation.

The South Carolina Board of Paroles and Pardons reviews parole applications from eligible parties. Before deciding, the board may consider factors like the inmate’s moral conduct, crime severity, prior convictions, and victims’ input.

In contrast, only persons convicted of less-severe first-degree felonies are eligible for probation. For instance, you’re ineligible for parole if convicted of violent-type first-degree felonies like sexual conduct and armed robbery.

South Carolina court judges and the state governor may issue probation as an alternative to prison sentences. The probation may run for the duration of the prison sentence.

Impact of a First-Degree Felony Conviction on Criminal Records in South Carolina

In South Carolina, convicted persons generally cannot expunge or seal most first-degree felonies. In other words, the records remain visible to the general public. Furthermore, the records may have the following negative impacts on convicted offenders:

• Low job opportunities: A felony record may lead to stigma and discrimination during job applications. Offenders convicted of violent or sexually related crimes may lose their right to work in specific industries.
• Loss of civil rights, such as the right to bear arms or to vote: Convicted felons lose their right to vote while serving their sentence. Offenders also lose their right to bear arms until they fulfill the state requirements.
• Difficulty in renting or buying houses: Landlords or housing boards may conduct background checks before renting or selling homes. Persons convicted of specific crimes may find it challenging to live in certain districts.
• Lower chances of passing immigration processes: Some countries may require a copy of your criminal records during visa applications. They may also deny or refuse the applications of persons with first-degree felony convictions.