Russell Hilton

How Much Jail Time Can I Get for a Charge in South Carolina

South Carolina Criminal Offenses and Penalties

How much jail time can I get? This seems to be the first question that anyone asks when they get charged with an offense.  A criminal statute usually list prison times in terms of a range or maximum penalty.  So for example, burglary in the 1st degree carries 15 years to life.  While most charges can be suspended to a probationary sentence, some cannot.  Burglary in the 1st degree happens to be one that has a mandatory minimum of 15 years of which the offender would have to serve 85% before being eligible for community supervision.  Parole eligibility and community supervision is another topic that will come.

Because so many people ask, I’ve included a summary of the most common non-drug charges below that may be helpful to you.  For drug offenses, see South Carolina Drug offenses and penalties. Keep in mind, statutes change all the time, but this should be fairly accurate.  The South Carolina Criminal Statutes are linked to the state's website.

* Classification is: V = Violent, S = Serious, MS = Most Serious

 CHARGE CDR  Statute Class*  Penalty Range 

ABHAN

3411

16-3-600(B)

V S

Up to 20 yrs

Armed Robbery

0139

16-11-330

V MS

10-30 yrs

Arson 1st

2550

16-11-110(A)

V MS

30+ yrs

Arson 2nd

2551

16-11-110 (B)

V S

3-25 yrs

Arson 3rd

0008

16-11-110 (C)

Up to 15 yrs

Assault and Battery 1st Degree

3412

16-3-600(C)

Up to 10 yrs

Assault and Battery 2nd Degree

3413

16-3-600(D)

Up to 3 yrs and/or $2500

Assault and Battery 3rd Degree

3414

16-3-600(E)

Up to 30 days and/or $500

Assault upon a Correctional Employee

2525

16-3-630

6 mths to 5 yrs – Consecutive

Assault w/ intent to Commit CSC – 1st Degree

0253

16-3-656

V MS

10 - 30 Yrs

Assault w/ intent to Commit CSC – 2nd Degree

0254

16-3-656

V MS

Up to 20 yrs

Assault w/ intent to Commit CSC – 3rd Degree

0255

16-3-656

Up to 10 yrs

Attempted Murder

3410

16-3-29

V MS

Up to 30 yrs

AWIK

0768

Common-Law

Up to 10 yrs and/or discretionary fine

Breach of Peace

0891

22-3-560

Up to 30 days and/or up to $500

Breach of Trust <=2000

3422

16-13-230(B)(1)

Up to 30 days and/or up to $1000

Breach of Trust >2000 <10,000

3423

16-13-230(B)(2)

Up to 5 yrs and/or discretionary fine

Breach of Trust >=10,000

3424

16-13-230(B)(3)

S

Up to 10 yrs and/or discretionary fine

Breaking into a Motor Vehicle

0258

16-13-160

Up to 5 yrs and/or $1000 fine

Burglary 1st

0079

16-11-311

V MS

15 yrs to Life

Burglary 2nd (Non-Violent)

0080

16-11-312(a)

Up to 10 yrs

Burglary 2nd (Violent)

0086

16-11-312(b)

V S

Up to 15 yrs

Burglary 3rd

0427

16-11-313

Up to 5 yrs

Carjacking w/o Injury

2599

16-3-1075(B)(1)

V MS

Up to 20 yrs

Carrying a Concealed Weapon (not a pistol)

0043

16-23-460

30 to 90 days or $200 to $500 fine

Domestic Violence 1st degree

3811

16-25-20(B)

S

Up to 10 years 

Domestic Violence 2nd degree

3812

16-25-20(C)

Up to 3 years and/or $2500 - $5000

Domestic Violence 3rd Degree

3813

16-25-20(D)

Up to 90 days and/or $1000 - $2500

Domestic Violence of a High and Aggravated Nature (DVHAN)

3814

16-25-65

V S

Up to 20 years

Child Endangerment (w/ motor vehicle)

2395

56-5-2947

Up to ½ the maximum sentence for the substantive offense

Contraband (County/Municipal)

0437

24-7-155

Up to 10 yrs and/or $1000 -$10,000 fine (magistrate has juris if not drugs or weapons)

Contraband (SCDC)

0074

24-3-950

Up to 10 yrs and/or $1000 -$10,000 fine (magistrate has juris if not drugs or weapons)

Contributing to Delinquency of a Minor

0048

16-17-490

Up to 3 yrs and/or up to $3000 fine

CSC 1st

0160

16-3-652

V MS

Up to 30 yrs -

CSC 2nd

0161

16-3-653

V MS

Up to 20 yrs

CSC 3rd

0162

16-3-654

Up to 10 yrs

CSC w/ Minor 1st (v < 11)

0385

16-3-655

V MS

25 to Life (no susp or probation)

CSC w/Minor 2nd (v>14<16)

0397

16-3-655

V MS

Up to 20 yrs

CSC w/Minor 2nd (v>11<14)

0396

16-3-655

V MS~

Up to 20 yrs

Defrauding an Innkeeper

0273

45-1-50

Up to 6 mths and/or $1000 fine (MAG CT)

DUI/Felony DUI, Death results

0395

56-5-2945(A)(2)

S

1 year-25 yrs & $10100-$25100 fine

DUI/Felony DUI, Great bodily injury results

0406

56-5-2945(A)(1)

30 days-15 yrs & $5100-$10100 fine

DUI, < .10, 1st

3353

56-5-2930(A)(1)

48 hrs-30days or 48 hrs PSE or $400 fine

DUI, < .10, 2nd

3356

56-5-2930(A)(2)

5 days-1yr & $2100-$5100 fine / ≥ $1,100

DUI, < .10, 3rd

3359

56-5-2930(A)(3)

60 days-3 yrs & $3800-$6300 fine

DUI, < .10, 4th or Subsequent

3363

56-5-2930(A)(4)

1yr-5yrs

DUI, .10. - .16, 1st

3354

56-5-2930(A)(1)

72 hrs-30 days or 72 hrs PSE or $500 fine

DUI, .10 - .16, 2nd

3357

56-5-2930(A)(2)

30 days-2yrs & $2500-$5500 fine/ ≥ $1,100

DUI, .10. - .16, 3rd

3361

56-5-2930(A)(3)

90 days-4yrs & $5000-$7500 fine

DUI, .10. - .16, 4th or Subsequent

3364

56-5-2930(A)(4)

2yrs-6yrs

DUI, ≥ .16, 1st

3355

56-5-2930(A)(1)

30 days-90 days or 30 days PSE or $1000 fine

DUI, ≥ .16, 2nd

3358

56-5-2930(A)(2)

90 days-3 yrs & $3500-$6500 fine / ≥ $1,100

DUI, ≥ .16, 3rd

3362

56-5-2930(A)(3)

6mths-5yrs & $7500-$10000 fine

DUI, ≥ .16, 4th or Subsequent

3365

56-5-2930(A)(4)

3yrs-7yrs

DUS (DUI-related) – 1st

2054

56-1-460

10 – 30 days and/or $300 fine

DUS (DUI-related) – 2nd

2055

56-1-460

60 days to 6 mths and/or $600

DUS (DUI-related) – 3rd or Subsequent

0956

56-1-460

6 mths to 3 yrs and $1000

DUS (non-DUI) – 1st

0624

56-1-460

30 days and/or $300 fine

DUS (non-DUI) – 2nd

0174

56-1-460

60 (consecutive) days and/or $600 fine

DUS (non-DUI) – 3rd or Subsequent

0175

56-1-460

90 days to 6 mths and $1000 fine or 90 days to 6 mths Home detention (no suspention)

Enticing Child from Attending School

0750

16-17-510

Up to 2 yrs and/or $1000 fine

Escape (Attempt)

2527

24-13-410

Up to 15 yrs – Consecutive

Escape (Common Law)

2570

Up to 10 yrs and/or discretionary fine

Escape (Statutory)

3113

24-13-410

1 to 15 yrs – Consecutive

Escape (from Work Release)

3143

24-3-50 / 24-13-410

1 to 15 yrs – Consecutive

Exploitation of a Vulnerable Adult

2657

43-35-85

Up to 5 yrs and/or up to $5000 fine

Failure to Register as Sex Offender – 1st offense

2606

23-3-470(B)(1)

Up to 30 days and/or up to $500

Failure to Register as Sex Offender – 2nd offense

2607

23-3-470(B)(2)

1 yr mandatory (no suspension or probation)

Failure to Register as Sex Offender-3rd or Subsequent Offense

2435

23-3-470(B)(3)

5yrs (of those 3 yrs w/ no suspension or probation)

Failure to Return Rented Objects <= 2000

0520

16-13-420

Up to 30 days or $1000 fine

Failure to Return Rented Objects >2000 <10,000

0522

16-13-420

Up to 5 yrs and/or discretionary fine

Failure to Return Rented Objects >10,000

0521

16-13-420

Up to 10 yrs and/or discretionary fine

Financial Identity Fraud

2813

16-13-510

Up to 10 yrs and/or discretionary fine

Forgery (no dollar amount)

0488

16-13-10

Up to 3 yrs and/or a discretionary fine (MAG CT)

Forgery <10,000

2427

16-13-10(B)(2)

Up to 5 yrs and/or discretionary fine

Forgery >=10,000

0491

16-13-10(B)(1)

Up to 10 yrs and/or discretionary fine

Fraudulent Check >1000 – 1st offense

0800

34-11-60

Up to 2 yrs and/or $300 to $1000 fine

FTC Forgery

0041

16-14-40

Up to 5 yrs and/or $3000 to $5000 fine

FTC Fraud (500 or less in 6 months)

0731

16-14-60

Up to 1 yr and/or up to $1000 fine

FTC Fraud (more than 500 in 6 months)

2351

16-14-60

Up to 5 yrs and/or $3000 to $5000 fine

FTC Theft

0348

16-14-20

Up to 5 yrs and/or $3000 to $5000 fine

FTSBL (no injury) (1st offense)

0065

56-5-750

90 days to 3 yrs or not less than $500

Grand Larceny >2000 <10,000

3420

16-13-30(B)(1)

Up to 5 yrs and/or discretionary fine

Grand Larceny >=10,000

3421

16-13-30(B)(2)

Up to 10 yrs and/or discretionary fine

Habitual Traffic Offender

0057

56-1-1100

Up to 5 yrs

Ill-Treatment of Animals

2804

47-1-40

Up to 5 yrs and $5000 fine

Indecent Exposure

0091

16-15-130

Up to 3 yrs and/or discretionary fine

Kidnapping

0095

16-3-910

V MS

Up to 30 yrs

Leaving the scene of an Accident (great bodily injury)

2462

56-5-1210

30 days to 10 yrs and $5000 to $10,000 fine

Leaving the scene of an Accident (personal injury)

2461

56-5-1210

30 days to 1 yr and/or $1000 to $5000 fine

Leaving the scene of an Accident (property damage only)

2464

56-5-1220

Up to 1 yr and/or $100 to $5000 fine

Lewd Act Upon a Child

2468

16-15-140

V

Up to 15 yrs and/or discretionary fine

Malicious Injury to Personal Property <=2000

3415

16-11-510(B)(3)

Up to 30 days and/or up to $1000 fine

Malicious Injury to Personal Property >2000 <10,000

3416

16-11-510(B)(2)

Up to 5 yrs and/or discretionary fine

Malicious Injury to Personal Property >=10,000

3417

16-11-510(B)(1)

Up to 10 yrs and/or discretionary fine

Malicious Injury to Real Property <=2000

3428

16-11-520(B)(3)

Up to 30 days and/or up to $1000 fine

Malicious Injury to Real Property >2000 <10,000

3439

16-11-520(B)(2)

Up to 5 yrs and/or discretionary fine

Malicious Injury to Real Property >=10,000

3430

16-11-520( B)(1)

Up to 10 yrs and/or discretionary fine

Murder

0116

16-3-10

V MS

30 yrs to Life or Death penalty

Obstruction of Justice

0118

Up to 10 yrs and/or discretionary fine

Obtaining Goods by False Pretenses <=2000

1186

16-13-240(3)

Up to 30 days and/or up to $1000 fine

Obtaining Goods by False Pretenses >2000 <10,000

0531

16-13-240(2)

Up to 5 yrs and/or discretionary fine

Obtaining Goods by False Pretenses >10,000

0422

16-13-240(1)

Up to 10 yrs and/or $500 fine

Obtaining Non-Ferrous Metals Unlawfully <=2000

16-11-523

Up to 30 days and/or up to $1000 fine

Obtaining Non-Ferrous Metals Unlawfully >2000 <10,000

16-11-523

Up to 5 yrs and/or discretionary fine

Obtaining Non-Ferrous Metals Unlawfully >=10,000

16-11-523

Up to 10 yrs and/or discretionary fine

Petty Larceny (<=2000)

3419

16-13-30

Up to 30 days and/or up to $1000 fine

Pointing or Presenting a Firearm

0122

16-23-410

Up to 5 yrs and/or discretionary fine

Possession of a Sawed off Shotgun

0315

16-23-230

Up to 10 yrs and/or up to $10000 fine

Possession of a Pistol by a Person convicted of a Violent Felony Crime

16-23-500

Up to 5 yrs or up to $2000

Possession of Pistol by Person Under 18

2364

16-23-30

Up to 5 yrs and/or up to $2000 fine

Possession of Stolen Vehicle <=2000

1241

16-21-80

Up to 30 days and/or up to $1000 fine

Possession of Stolen Vehicle >2000 <10,000

0538

16-21-80

Up to 5 yrs and/or discretionary fine

Possession of Stolen Vehicle >=10,000

0430

16-21-80

Up to 10 yrs and/or discretionary fine

Possession of Tools to be Used in Crime

0124

16-11-20

Up to 5 yrs and/or discretionary fine

Public Disorderly Conduct

0622

16-17-530

Up to 30 days or up to $100

Purse Snatching

0129

16-13-150

Up to 3 yrs

Receiving Stolen Goods <=2000

3425

16-13-180(B)(1)

Up to 30 days and/or up to $1000 fine

Receiving Stolen Goods >2000 <10,000

3426

16-13-180(B)(2)

Up to 5 yrs or not less than $1000 fine

Receiving Stolen Goods >10,000

3427

16-13-180(B)(3)

Up to 10 yrs or not less than $2000 fine

Reckless Driving

0657

56-5-2920

Up to 30 days or $25 to $200 dollar fine

Reckless Homicide

0135

56-5-2910

Up to 10 yrs and/or $1000 to $5000 fine

Resisting Arrest (A) (w/o assault)

0326

16-9-320(A)

Up to 1 yr and/or $500 to 1000 fine

Resisting Arrest (B) (assault, beat, wound)

0256

16-9-320(B)

Up to 10 yrs and/or $1000 to 10000 fine

Shoplifting <$2000

0528

16-13-110

Up to 30 days or up to $1000 fine

Strong Arm Robbery

0137

Common-law, 16-11-325

Up to 15 yrs

Third or Subsequent Property Offense

2367

16-1-57

Up to 10 yrs

Threatening the Life of a Public Employee

2605

16-3-1040(B)

Up to 30 days and/or up to $500 fine

Threatening the Life of a Public Official

0541

16-3-1040(A)

Up to 5 yrs and/or up to $5000 fine

Trespassing after Notice

1167

16-11-620

Up to 30 days or up to $200 fine

Unlawful Carrying of a Pistol

0044

16-23-20

Up to 1 yr and/or up to $1000 fine

Unlawful Conduct Towards a Child

2481

63-5-70

Up to 10 yrs and/or discretionary fine

Unlawful Possession of a Pistol

2364

16-23-30

Up to 5 yrs and/or up to $2000 fine

Unlawful Use of 911 Service

1298

23-47-80

Up to 6 mths and/or up to $200 fine

Use of Vehicle w/o Permission (intent to deprive)

0756

16-21-60

Up to 3 yrs

Use of Vehicle w/o Permission (temporary)

0222

16-21-60

Up to 1 yr and/or up to $500 fine

Use of Weapon during Assault/Murder etc.

0010

16-3-610

3 mths to 1 yr and/or at least $2500


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Russell D. Hilton, Attorney at Law, LLC is located in Summerville, SC.  We serve areas in South Carolina (SC), Berkeley County , Dorchester County , Charleston County , North Charleston, Goose Creek , Summerville, Mount Pleasant, Folly Beach, Moncks Corner, Hanahan, Walterboro, St. George , Colleton County, Orangeburg County, Santee, Holly Hill, Eutawville, and surrounding areas. We provide representation for criminal law, dui defense, juvenile defense drug charges , civil litigation, landlord tenant, business law , personal injury law , real estate transactions, accidents , and general law.