What is a Second Degree Felony in South Carolina?

In South Carolina, a Class B felony is equivalent to a second-degree felony in most US states that group offenses by degree. South Carolina categorizes felony crimes into Classes A, B, C, D, E, and F. Felonies in Class B comprise serious crimes less severe than those in Class A (the most severe) but more serious than those in Classes C through F.

For context, Class B felonies are regarded as crimes that cause serious harm or involve significant risk (e.g., certain violent assaults or armed burglaries). However, they are not the most severe offenses under South Carolina law. South Carolina Statutes (16-1-10) details how felonies and misdemeanors are classified and offenses exempt from these categories.

Which Crimes Are Considered Second Degree (Class B) Felonies in South Carolina?

In South Carolina, offenses typically classified as second-degree (Class B) felonies include:

• Second-degree arson.
• Second-degree burglary (armed with a deadly weapon, causing bodily injury, etc.)
• Assault and battery by mob in the second degree.
• Causing an explosion by means of a destructive device, or participating in causing an explosion (resulting in injury to a person).
• Certain drug trafficking offenses (depending on the amount, type of drug, and number of offenses)
• Wilful and malicious injury to utility system (telegraph, telephone, or electric utility) resulting in death, bodily injury, or imminent danger to health/safety.

What is Second Degree Murder and How is it Classified in South Carolina?

South Carolina law does not recognise the term “second-degree murder” as a legal offense category. Section 16-3-10 defines it as the killing of a person with "malice aforethought, either express or implied". This definition indicates that the perpetrator has a harmful state of mind when committing the act (malice aforethought). The intent to kill may be:

• Express malice: clearly shown, such as openly planning or intending to kill.
• Implied malice: not spoken or written, but shown through actions that reveal a reckless disregard for human life.

Similar to second-degree murder, no label of "first-degree murder" exists in South Carolina. The state treats all murders under the same law. However, penalties usually differ depending on the circumstances, such as aggravating factors.

Compared to other homicides, manslaughter is considered a less serious crime in Section 16-3-50. Manslaughter involves causing another person's death but lacks the malice aforethought that is associated with murder.

South Carolina Second Degree (Class B) Felonies Penalties and Punishments

Section 16-1-20 details the maximum prison sentences for Class A through Class F felonies in South Carolina. According to this section, anyone convicted of a second-degree (Class B) felony can face a maximum prison term of up to 25 years.

In South Carolina, judges often consider aggravating and mitigating factors when administering sentences for second-degree (Class B) offenses. Aggravating elements, such as a prior criminal record or weapon use, may result in harsher penalties. On the other hand, mitigating factors, such as showing remorse or having no prior convictions, may reduce the severity of the punishment.

South Carolina law also allows judges to impose fines, probation, restitution to victims, or other requirements in addition to or instead of prison, where legally permitted. The precise fine amounts usually depend on the statute of the specific crime.

Are Second Degree Felony Records (Class B) Public in South Carolina?

Second-degree (Class B) felonies are generally regarded as public records under the South Carolina Freedom of Information Act, unless otherwise specified by law or court order. This means the citizenry may view and make copies of such public felony records unless they are subject to specific legal restrictions.

However, the Act and other state laws restrict public access to certain criminal records. Records that are exempt from public access include juvenile records, sealed or expunged records (such as dismissals or not guilty findings), details of active criminal investigations, and sensitive personal information that may infringe on an individual's privacy.

Regarding felony convictions, while some states allow "automatic sealing" for certain felony records after a waiting period, serious criminal records (such as second-degree felonies) do not qualify for relief in South Carolina.

How to Access Second Degree Felony Court Records in South Carolina

Depending on the record type and information level required, requesters may access second-degree (Class B) felony records via the following channels:

• South Carolina Judicial Branch Website: Interested parties may use the state-provided online Public Index (Case Records Search) to search criminal cases by name or case number. Searches usually return case details, charges, and case status. However, complete documents are typically unavailable through this database.
• Local Clerk of Court Offices: To access complete case files, such as motions, sentencing documents, and orders, individuals may need to visit the Clerk of Court in the county where the case was handled. Certified copies of criminal records are usually available through the Clerk's Office. In addition to the statewide index, some counties also have their own online systems.
• South Carolina Law Enforcement Division (SLED) Criminal Records: Requesters may conduct name-based searches on the SLED CATCH (Citizens Access to Criminal Histories) portal to view and print (for a fee of $25.00) statewide criminal history information. These searches typically provide arrest and conviction details, rather than full court case documents.

Can Second Degree Felony Charges be Reduced or Dismissed?

Individuals charged with second-degree felonies may use a variety of techniques to reduce or dismiss their charges, depending on the specific circumstances of the case and the available evidence. These include:

Plea bargaining

Plea bargaining is a frequent tactic in most felony cases. This occurs when a defendant's criminal defense lawyer negotiates with the prosecution to lessen the charges or sentence in exchange for a guilty plea to a lesser offense. A second-degree (Class B) felony charge may be reduced to a third-degree (Class C) felony or misdemeanor, resulting in a less severe sentence.

Insufficient evidence

One of the most basic defenses in any criminal case is to argue that the prosecution failed to achieve its burden of proof. The state must establish a defendant's guilt "beyond a reasonable doubt". Suppose the defense can demonstrate that there is insufficient or conflicting evidence. In those circumstances, the accusations may be dismissed or acquitted.

Entrapment

Entrapment happens when law enforcement agents induce a person to commit a crime that they would not otherwise commit. Suppose the police set up a situation that led to the crime, and a defendant was not predisposed to commit it. In that situation, entrapment may be used as a defense. This may prove to be relevant in drug or conspiracy investigations.

Lack of Intent or Mistaken Identity

For certain offenses, the prosecution must prove that the defendant intended to commit the felony. If a defense attorney can demonstrate that there was no intention or that the defendant was mistakenly identified as the offender, the charges may be reduced or dismissed.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in South Carolina?

Under South Carolina law, convictions for violent crimes, including second-degree (Class B), cannot be sealed or expunged. The types of charges or convictions that are eligible for expungement in the state are as follows:

• Cases that were dismissed or not prosecuted (nolle prossed), or where the accused person was found not guilty.
• The offender successfully completed a Pre-Trial Intervention (PTI) program.
• The offender successfully completed a Traffic Education Program.
• An Alcohol Education Program (AEP) was successfully completed.
• Fraudulent Check (first offense, misdemeanor): Eligible if 1 year has passed without another conviction.
• First-time drug possession (misdemeanor): If the individual received a conditional discharge and completed it successfully.
• Low-level misdemeanors (30-day jail max or $1,000 fine): Eligible if 3 years have passed with no new conviction.
• For third-degree domestic violence, the offender is required to undergo a five-year waiting period with no new convictions.
• Individuals convicted under the Youthful Offender Act (YOA) are eligible if five years have passed since the completion of their sentence and they have no new convictions.
• Convictions for Failure to Stop for Police (first offense) are eligible if 3 years have passed since sentence completion with no new convictions.
• Convictions for prostitution or trafficking may be expunged if the crime was a direct result of being a trafficking victim.
• Convictions for Simple Possession of Drugs (first offense) are eligible after 3 years with no new convictions.
• Convictions for Possession with Intent to Distribute (PWID) (first offense) are eligible after 20 years with no new convictions.

Given the technicalities involved in the expungement process, individuals seeking to determine their eligibility or undergo the process are advised to consult the services of an experienced attorney.

How Long Do Second Degree Felony Records Stay Public in South Carolina?

Like most criminal records in South Carolina, second-degree (Class B) felonies will remain public unless a court orders them to be sealed or expunged. Since violent crimes, such as second-degree offenses, are not eligible for expungement, these records typically remain in the public domain indefinitely.

While some states have mandatory time limits after which records are made inaccessible to the public, South Carolina treats criminal records as permanent public records. This means that an individual convicted of a crime, such as second-degree burglary or a specific drug offense, will have their conviction continue to appear in background checks, court dockets, and official law enforcement records for the rest of their lives.