Arrested or Facing Charges in South Carolina? Here’s What You Need to Know

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Posted: 15th July 2025

Lawyer Monthly

Arrested or Facing Charges in South Carolina? Here’s What You Need to Know.

If you or an individual you know is subject to arrest or criminal charges in South Carolina, navigating the legal framework is essential. This guide provides factual information regarding the typical stages of the criminal justice process, categories of common offenses, and available legal options.

Accessing accurate and objective information is fundamental for developing an effective response to pending legal matters.

The Absolute First Things to Remember

When you're arrested, it's easy to panic. But there are a few critical constitutional rights you need to hold onto tight. These are your shield:

You Have the Right to Remain Silent: Seriously, don't say a word to the police beyond your basic identifying information (name, address, etc.). Anything you say, even if you think it's innocent, can and will be used against you. Just stay silent.
You Have the Right to an Attorney: This is huge. You have the right to talk to a lawyer before answering any questions, and to have them by your side during any questioning. If you can't afford one, the court can appoint one for you if your case could lead to jail time. Ask for a lawyer immediately.
You Have the Right to a Bond Hearing: For most offenses, you won't just sit in jail. You have a right to a hearing, usually within 24 hours, where a judge decides if you can be released while your case is pending, and under what conditions. Your lawyer can help you navigate this.

Common Criminal Charges in South Carolina

Let's look at some of the charges people commonly face here in South Carolina. Knowing what you're up against can help you prepare:

Driving Under the Influence (DUI): This means driving with a blood alcohol content (BAC) of 0.08% or higher. Even a first offense can come with significant consequences. For example, a first DUI with a BAC under 0.10% could mean a fine between $400-$1,000, 2 to 30 days in jail (or community service), and your license suspended for 6 months.
Drug Possession: This covers everything from marijuana to cocaine, meth, and opioids. The penalties are wildly different depending on what drug it is and how much you have. Just to give you an idea: possessing a small amount of meth or crack cocaine (under one gram) is still a misdemeanor, but it could mean up to 3 years in prison or a $5,000 fine. A first offense for a small amount of marijuana (28 grams or less) might be up to 30 days in jail or a $100-$200 fine.
Assault and Battery: These charges range from simple fights to more serious injuries. A basic "Assault and Battery 3rd Degree" (a misdemeanor) could lead to a fine of up to $500 or 30 days in jail, or both.
Domestic Violence: South Carolina takes violence between household members very seriously, and there are specific laws for this. A first-time "Domestic Violence 3rd Degree" charge (a misdemeanor) might mean a fine between $1,000-$2,500 or up to 30 days in jail. Sometimes, completing a treatment program can help reduce the penalty.
Theft and Burglary: This covers a broad range, from shoplifting to breaking and entering. Shoplifting items under $2,000 in value is a misdemeanor, potentially leading to a $1,000 fine or up to 30 days in jail. Burglary in the 3rd Degree (if it's a first offense without aggravating factors) is a felony, and could mean up to 5 years in prison.

Each of these can have huge, life-changing consequences, even if it's your first time. That's why taking any charge seriously is so important.

Misdemeanor vs. Felony: What It Means in South Carolina

South Carolina breaks down crimes into two main categories based on how serious they are:

Misdemeanors: These are generally less severe, but still shouldn't be taken lightly.
- Class A: Up to 3 years in prison.
- Class B: Up to 2 years.
- Class C: Up to 1 year.
Felonies: These are the big ones, carrying much harsher penalties.
- Class A: Up to 30 years (think attempted murder).
- 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 5 years.

Even a misdemeanor conviction can mess with your job prospects, your family life, and your reputation. Don't underestimate any charge.

What Happens After an Arrest in South Carolina

Once you’re arrested, here’s what typically happens:

Booking – Your photograph, fingerprints, and personal details are recorded.
Bail Hearing – A judge decides whether you can be released on bond.
Arraignment – Your charges are formally read, and you enter a plea.
Pretrial – Evidence is reviewed, and plea negotiations may occur.
Trial or Plea Agreement – You’ll either resolve your case or go to trial.
Sentencing – If convicted, penalties like jail time, probation, or fines are imposed.

Early legal guidance is crucial, even before your first court appearance.

Do You Really Need a Lawyer?

You can represent yourself in court. But let's be blunt: it almost never goes well. South Carolina's legal system is incredibly complex.

A good defense attorney understands all those intricate laws, knows how to investigate your case properly, can challenge flimsy evidence, and will fight tooth and nail to protect your rights. Even for what seems like a "minor" charge, having a lawyer can be the difference between a conviction that follows you forever and getting a second chance.

💡 Find a criminal defense lawyer through the SC Bar Lawyer Referral Service

The sooner you speak to a lawyer, the sooner you can start building your defense.

What About Public Defenders in South Carolina?

If you can’t afford a private attorney, you may qualify for a public defender. These state-appointed lawyers represent clients who meet specific financial criteria. Public defenders are licensed attorneys and dedicated professionals, but heavy caseloads may limit their availability to devote personalized attention to your case. Always consider whether hiring private counsel could better serve your interests.

What Penalties Could You Face?

Charge Type	Example Offenses	Potential Penalty
Class A Felony	Attempted murder, kidnapping	Up to 30 years in prison
Class F Felony	Drug possession, some thefts	Up to 5 years in prison
Class A Misdemeanor	Domestic violence, assault	Up to 3 years in prison
Class C Misdemeanor	Shoplifting, simple assault	Up to 1 year in prison

Additional consequences can include steep fines, community service, probation, and mandatory counseling programs.

Can You Get a Criminal Record Expunged in South Carolina?

In certain cases, yes. South Carolina law allows some first-time, non-violent offenses to be expunged, or removed from your public record. You may be eligible if:

You completed Pre-Trial Intervention (PTI) successfully.
Your charges were dismissed or you were found not guilty.
You were convicted of specific low-level misdemeanors and meet the waiting period requirements.

📌 Learn more about expungement eligibility and how to apply from the South Carolina Judicial Branch

An expungement can give you a fresh start, consult a lawyer to explore your options.

First-Time Offenders: Is There Leniency in South Carolina?

Yes, South Carolina offers diversion and alternative sentencing programs designed to help first-time offenders avoid harsh punishments. These may include:

Pre-Trial Intervention (PTI) – Complete certain requirements to avoid a conviction.
Conditional Discharge – For certain drug offenses, leading to charges being dismissed after probation.
Youthful Offender Act (YOA) – For offenders under age 25, offering rehabilitative sentencing and potential record sealing.

If eligible, these programs can help you avoid jail time and long-term consequences.

How Much Does a Criminal Lawyer Cost in South Carolina?

Money is always a concern, and legal fees can feel daunting. Here's a general idea of what to expect for a criminal defense attorney in South Carolina:

For misdemeanors like DUI or simple assault, you might be looking at $2,000 to $5,000.
For felony cases, the cost can range from $5,000 to $20,000+, depending on how complex the case is.

Many lawyers understand these concerns. They often offer free initial consultations and might even have payment plans to help you manage the costs. Don't let money stop you from getting legal help, the advice you get early on can truly protect your future.

Get Help Right Now

You don’t have to face this alone, qualified legal help is available now. The South Carolina Bar Lawyer Referral Service connects you with prescreened criminal defense attorneys. For a modest fee (typically $50), you’ll receive an initial 30-minute consultation with a lawyer who can evaluate your case and explain your options.

👉 Click here to request a lawyer referral through the SC Bar Lawyer Referral Service (includes $50 consultation)

Taking that step and speaking to a professional defense attorney today could make all the difference in protecting your rights and your future.