The US criminal justice system defines a crime as any action or omission in violation of the law, deserving punishment. It could be any behavior or activity threatening public safety, welfare and order. But did you know South Carolina law classifies offenses into different levels depending on severity? This blog will introduce you to infractions, misdemeanors, and felonies, drawing the differences between each.
The Different Classifications of Crimes in South Carolina
If you are accused of a crime, the classification and ensuing punishment will largely hinge on the seriousness of your actions. Below are the different categories:
Infractions
These are the most minor crimes for which individuals can be convicted. Here are a few examples:
- Jaywalking
- Most Traffic tickets
- Noise complaints
- Seat belt violations
“An infractions can only be punished by a fine, and as long as you pay it in full, that will be the end of the matter. If you fail to honor this duty, law enforcement may slap you with additional fines and penalties, including suspension of your driver’s license” says criminal attorney Christopher L. Jones.
Misdemeanors
Misdemeanors are a classification of crimes more severe than infractions but less serious than felonies. They result in more substantial penalties and jail times of up to three years, depending on the classification.
In South Carolina, misdemeanors are categorized into Class A, B, and C where class C is the least serious and class A the most grave.
- Class A- are misdemeanors that carry a maximum penalty of up to 3 years in prison, like Assault and Battery 2nd Degree.
- Class B- are misdemeanors that carry a maximum of 2 years in prison.
- Class C- These misdemeanors carry a maximum of 1 year in prison.
All crimes that carry less than a year in prison are considered misdemeanors but are exempt from the classification system.
Felonies
These are the most serious criminal offenses with the most severe punishment. Much like misdemeanors, the state of South Carolina categorizes felonies into Class A through F with A being the most serious and F being the most minor.
- Class A- Consist of offenses like kidnapping, robbery, attempted murder and more, all with a maximum incarceration period of 30 years.
- Class B- Constitute felonies like drug trafficking, manslaughter, second-degree criminal sexual misconduct, among others. They can lead to a maximum sentence of 25 years.
- Class C- Examples include carjacking, aggravated assault and battery among others, with a maximum jail term of 20 years.
- Class D- Crimes like second-degree burglary, stalking, criminal sexual conduct with a minor- third-degree with a maximum penalty of fifteen years.
- Class E- Shoplifting with a property enhancement, Assault and Battery first-degree with a maximum of ten years in prison.
- Class F- With a maximum penalty of five years, examples include possession of a weapon by certain persons, forgery, and burglary third degree.
Should you be accused of committing a felony, you should know that you are entitled to the following rights:
- A court-appointed attorney if you cannot afford one
- Enter a plea of not guilty
- The right to trial
- The right to be presumed innocent unless proven guilty beyond a reasonable doubt
If convicted of a felony, you will lose the following public rights:
- The right to own a firearm
- The right to vote
- The right to public housing
Conclusion
Felony convictions stay in your criminal record unless expunged, which means a conviction means you may find it difficult to find a job. This is the fundamental reason you should consult a criminal defense attorney. They will fight for you to reduce the conviction to a misdemeanor charge that may be easier to expunge.
The post Understanding South Carolina Crime Classifications first appeared on WB News.