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What Are the Varieties of Felonies
South Carolina divides most felonies into six classes, labeled A through F. Each class sets the maximum prison sentence a judge can give. Class A felonies carry up to 30 years, and Class F felonies carry up to five. However, some of the most serious crimes in the state are not part of this class system at all. Kinard Law Group defends people facing felony charges in Lexington and throughout South Carolina through our criminal defense practice.
How Much Prison Time Does Each Class Carry?
A felony’s class sets the maximum sentence, not the sentence you will actually receive. Under S.C. Code § 16-1-20, the maximum prison terms are:
- Class A: Up to 30 years
- Class B: Up to 25 years
- Class C: Up to 20 years
- Class D: Up to 15 years
- Class E: Up to 10 years
- Class F: Up to five years
South Carolina also sorts misdemeanors into three classes, with maximum sentences of three years, two years, and one year. Offenses with a maximum sentence under one year are generally not classified. Because of this system, some South Carolina misdemeanors carry more prison time than felonies in other states.
Which Felonies Are Not Part of the Class System?
Murder, armed robbery, and several other serious crimes are called exempt offenses. These crimes do not have a letter class. Instead, the law that creates each crime sets its sentence. Many exempt offenses also carry mandatory minimum sentences, which means the judge cannot sentence below a set amount of time. Most lettered felonies do not have mandatory minimums.
How Violent and Nonviolent Designations Affect a Felony Case
South Carolina also keeps a separate list of crimes the law defines as violent. Any crime not on that list is considered nonviolent. Along with the felony class, this designation can affect:
- Parole eligibility and how much of a sentence must be served
- Whether a record can be expunged
- Eligibility for pretrial intervention programs
- Firearm rights after the case ends
Two charges in the same felony class may not have the same violent or nonviolent designation. Our attorneys review both before advising anyone about a plea offer.
How Felony Cases Move Through Lexington County Courts
In Lexington County, felony charges are handled in the Court of General Sessions and prosecuted by the Eleventh Circuit Solicitor’s Office. General Sessions court meets during set terms instead of all year. If a case is not resolved during one term, it may wait months for the next one. These delays can pressure people to accept a quick plea deal.
Should You Accept the First Plea Offer?
Not always. The first plea offer often comes before your defense team has seen all of the evidence. Body camera footage, lab results, and witness statements are frequently shared later, during a process called discovery. If you accept an offer at your first court appearance, you may lose the chance to use that evidence to seek a better outcome. Reviewing the evidence first usually gives you a clearer picture of your options.
Talk to a Lexington Criminal Defense Lawyer About Your Felony Charge
Our founder clerked for a South Carolina circuit judge and has spent more than 30 years practicing law in South Carolina courtrooms. Our firm uses that experience to help clients understand the charges they face and the penalties that may apply. Call (803) 359-1003 or get in touch online for a case review.