What Is a Third-Degree Felony in South Carolina?

In South Carolina, the term "third-degree felony" refers to the least severe classification of felony crimes. Such offenses typically have little impact on lives or properties. They also lack the intent or premeditation to cause severe bodily injury or death.

According to Section 16-1-10 of South Carolina Laws, felony crimes are categorized into six classes based on their severity. Class A, B, and C felonies encompass the most severe crimes and carry the harshest penalties, including life imprisonment or the death penalty. Criminal offenses like rape and terrorism are often included under these classes.

Most third-degree felonies are classified under the last three felony classes. These crimes have the lightest penalties. Examples of such crimes include third-degree arson and third-degree burglary.

Common Offenses That Fall Under Third-Degree Felony Charges

In South Carolina, types of crimes classified as third-degree felonies include the following:

• Third-degree burglary: A person is guilty of third-degree burglary if such person enters a building without consent and with the intention to commit a crime. Section 16-11-13.
• Third-degree assault and battery: A person commits assault and battery in the third degree if such person attempts to injure or unlawfully injures another person.
• Third-degree arson: A person is guilty of arson in the third degree if such person is involved in setting a fire or explosion in a building or structure. Section 16-11-110 C(2).
• Criminal sexual assault in the third degree: It is a third-degree criminal sex conduct if a person engages in sexual battery and uses force or coercion to accomplish the act. It is also sexual battery if the perpetrator knows or has reason to believe the offender is mentally or physically incapacitated. Section 16-3-654.

Penalties and Sentencing for Third-Degree Felonies in South Carolina

In South Carolina, persons convicted of a third-degree felony may face penalties and fines. The sentencing may vary between one year and 15 years in a state correctional facility. In addition to sentencing, court judges may impose fines based on the circumstances of the incident.

Penalties for third-degree felonies may vary, depending on the crime severity and the circumstances surrounding the incident. Less-severe felonies, like assault and battery by mob, attract up to one year in jail. In contrast, criminal sexual conduct and other severe third-degree felonies attract up to 15 years in prison.

A third-degree felony may attract harsher penalties if the offender has prior convictions for the offense. Case in point: first-time human trafficking offenders get up to 15 years in jail. However, the maximum penalty is 45 years if the offender has two prior convictions for the same crime.

Will You Go to Jail for a Third-Degree Felony in South Carolina?

Yes, you may receive jail time for third-degree felonies in South Carolina. South Carolina statutes impose up to 15 years for such felonies. For instance, you may spend up to 15 years for a third-degree arson. Note that the court may offer a diversion program in lieu of a prison sentence. These programs help you avoid jail time and have your criminal case dismissed from public records.

How Long Does a Third-Degree Felony Stay on Your Record?

In South Carolina, third-degree felonies have a lifetime record validity. Such records also remain visible to the public members. The record’s visibility might cause a negative impact on a record subject’s personal and social life. Case in point: Employers may refuse applications from persons convicted of specific sex-related felonies. Such individuals may struggle to secure employment in educational and care facilities.

Other consequences of third-degree felonies include the following:

• Low chances of getting housing in specific districts. Landlords and housing authorities may run background checks to determine if a prospective renter or buyer is a security risk.
• Low chances of getting a visa to specific countries: Some countries may refuse visa applications from convicted persons.
• Temporary loss of civil rights, such as the right to bear arms or to vote.

Nevertheless, South Carolina offers reprieve to third-degree felony offenders in the form of record sealing or expungement. These processes help to remove records from publicly accessible domains.

Can a Third-Degree Felony Be Sealed or Expunged in South Carolina?

Offenders may only seal or expunge third-degree felonies under these conditions:

• The court passed a not guilty verdict.
• The court dismissed the case.
• The prosecutor refused to press charges.

Offenders are also eligible to expunge records if the conviction occurred before they reached 25 years old. Persons in this category must wait for five years after completing their sentence.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Third-degree felonies differ from first- and second-degree felonies in terms of severity. Crimes under this category typically have a lower impact on lives and properties. For instance, they rarely lead to loss of life or severe bodily injuries.

Penalties for third-degree felonies may vary from a few years to a maximum of 15 years in jail. Examples of third-degree felonies are third-degree arson and third-degree burglary.

In contrast, first- and second-degree felonies carry the harshest penalties due to their severity. These crimes often occur either as a result of maliciousness or extreme recklessness. Crimes like criminal sexual conduct, rape, and first-degree arson fall under this category. Persons convicted of such degree felonies may receive up to 30 years in jail.

Note: South Carolina often reserves capital punishment for murder and other severe felonies.

How to Look Up Third-Degree Felony Records in South Carolina

There are multiple options for looking up third-degree felony records in South Carolina. On one hand, inquirers can view the records via official record databases. The South Carolina Judicial Branch hosts an online searchable database for cases handled in the trial and appellate courts. Inquirers must select the record source, county court, and input relevant search data. There is also a separate database for viewing records handled in the United States District Court (South Carolina District).

On the other hand, you may contact the clerk of the county or court where the case occurred. These entities may offer mail-in or in-person access to records in their custody.

Note: Sealed or juvenile court records may not turn up in online or offline record searches in South Carolina. The state generally redacts such records and may only release them to eligible parties. Case subjects, criminal justice entities, and legal representatives may have the right to view such records.

Probation and Parole for Third-Degree Felony Offenders

In South Carolina, third-degree felony offenders are eligible for parole under these conditions:

• They have served one-fourth of their sentence for a non-violent offense.
• They have served one-third of their sentence for a violent offense.

Note that eligibility is not the same as getting parole. The state’s parole board has the sole authority to determine who receives parole or not.

Third-degree felony offenders may receive probation as an alternative to sentencing. The court determines who is eligible for parole after reviewing factors like the number of prior convictions and crime severity.