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

How much jail time can I get? That's what most people want to know when charged with an offense.

In this article you'll find the jail time, the statute and class for non-drug related charges in South Carolina.

Let's get started.

A criminal statute usually list prison times in terms of a range or maximum penalty and often times a charge can be suspended to a probationary sentence.

But some cannot.

Let's take burglary in the 1st degree for example

It cannot be suspended, it carries 15 years to life and it has a mandatory minimum of 15 years. And, 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.

South Carolina Criminal Offenses and Penalties

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

CHARGE Penalty Range CDR Statute Class*
ABHAN Up to 20 yrs 3411 16-3-600(B) V S
Armed Robbery 10-30 yrs 0139 16-11-330 V MS
Arson 1st 30+ yrs 2550 16-11-110(A) V MS
Arson 2nd 3-25 yrs 2551 16-11-110 (B) V S
Arson 3rd Up to 15 yrs 0008 16-11-110 (C)  
Assault and Battery 1st Degree Up to 10 yrs 3412 16-3-600(C)  
Assault and Battery 2nd Degree Up to 3 yrs and/or $2500 3413 16-3-600(D)  
Assault and Battery 3rd Degree Up to 30 days and/or $500 3414 16-3-600(E)  
Assault upon a Correctional Employee 6 mths to 5 yrs – Consecutive 2525 16-3-630  
Assault w/ intent to Commit CSC – 1st Degree 10 - 30 Yrs 0253 16-3-656 V MS
Assault w/ intent to Commit CSC – 2nd Degree Up to 20 yrs 0254 16-3-656 V MS
Assault w/ intent to Commit CSC – 3rd Degree Up to 10 yrs 0255 16-3-656  
Attempted Murder Up to 30 yrs 3410 16-3-29 V MS
AWIK Up to 10 yrs and/or discretionary fine 0768 Common-Law  
Breach of Peace Up to 30 days and/or up to $500 0891 22-3-560  
Breach of Trust <=2000 Up to 30 days and/or up to $1000 3422 16-13-230(B)(1)  
Breach of Trust >2000 <10,000 Up to 5 yrs and/or discretionary fine 3423 16-13-230(B)(2)  
Breach of Trust >=10,000 Up to 10 yrs and/or discretionary fine 3424 16-13-230(B)(3) S
Breaking into a Motor Vehicle Up to 5 yrs and/or $1000 fine 0258 16-13-160  
Burglary 1st 15 yrs to Life 0079 16-11-311 V MS
Burglary 2nd (Non-Violent) Up to 10 yrs 0080 16-11-312(a)  
Burglary 2nd (Violent) Up to 15 yrs 0086 16-11-312(b) V S
Burglary 3rd Up to 5 yrs 0427 16-11-313  
Carjacking w/o Injury Up to 20 yrs 2599 16-3-1075(B)(1) V MS
Carrying a Concealed Weapon (not a pistol) 30 to 90 days or $200 to $500 fine 0043 16-23-460  
Domestic Violence 1st degree Up to 10 years  3811 16-25-20(B) S
Domestic Violence 2nd degree Up to 3 years and/or $2500 - $5000 3812 16-25-20(C)  
Domestic Violence 3rd Degree Up to 90 days and/or $1000 - $2500 3813 16-25-20(D)  
Domestic Violence of a High and Aggravated Nature (DVHAN) Up to 20 years 3814 16-25-65 V S
Child Endangerment (w/ motor vehicle) Up to ½ the maximum sentence for the substantive offense 2395 56-5-2947  
Contraband (County/Municipal) Up to 10 yrs and/or $1000 -$10,000 fine (magistrate has juris if not drugs or weapons) 0437 24-7-155  
Contraband (SCDC) Up to 10 yrs and/or $1000 -$10,000 fine (magistrate has juris if not drugs or weapons) 0074 24-3-950  
Contributing to Delinquency of a Minor Up to 3 yrs and/or up to $3000 fine 0048 16-17-490  
CSC 1st Up to 30 yrs - 0160 16-3-652 V MS
CSC 2nd Up to 20 yrs 0161 16-3-653 V MS
CSC 3rd Up to 10 yrs 0162 16-3-654  
CSC w/ Minor 1st (v < 11) 25 to Life (no susp or probation) 0385 16-3-655 V MS
CSC w/Minor 2nd (v>14<16) Up to 20 yrs 0397 16-3-655 V MS
CSC w/Minor 2nd (v>11<14) Up to 20 yrs 0396 16-3-655 V MS~
Defrauding an Innkeeper Up to 6 mths and/or $1000 fine (MAG CT) 0273 45-1-50  
DUI/Felony DUI, Death results 1 year-25 yrs & $10100-$25100 fine 0395 56-5-2945(A)(2) S
DUI/Felony DUI, Great bodily injury results 30 days-15 yrs & $5100-$10100 fine 0406 56-5-2945(A)(1)  
DUI, < .10, 1st 48 hrs-30days or 48 hrs PSE or $400 fine 3353 56-5-2930(A)(1)  
DUI, < .10, 2nd 5 days-1yr & $2100-$5100 fine / ≥ $1,100 3356 56-5-2930(A)(2)  
DUI, < .10, 3rd 60 days-3 yrs & $3800-$6300 fine 3359 56-5-2930(A)(3)  
DUI, < .10, 4th or Subsequent 1yr-5yrs 3363 56-5-2930(A)(4)  
DUI, .10. - .16, 1st 72 hrs-30 days or 72 hrs PSE or $500 fine 3354 56-5-2930(A)(1)  
DUI, .10 - .16, 2nd 30 days-2yrs & $2500-$5500 fine/ ≥ $1,100 3357 56-5-2930(A)(2)  
DUI, .10. - .16, 3rd 90 days-4yrs & $5000-$7500 fine 3361 56-5-2930(A)(3)  
DUI, .10. - .16, 4th or Subsequent 2yrs-6yrs 3364 56-5-2930(A)(4)  
DUI, ≥ .16, 1st 30 days-90 days or 30 days PSE or $1000 fine 3355 56-5-2930(A)(1)  
DUI, ≥ .16, 2nd 90 days-3 yrs & $3500-$6500 fine / ≥ $1,100 3358 56-5-2930(A)(2)  
DUI, ≥ .16, 3rd 6mths-5yrs & $7500-$10000 fine 3362 56-5-2930(A)(3)  
DUI, ≥ .16, 4th or Subsequent 3yrs-7yrs 3365 56-5-2930(A)(4)  
DUS (DUI-related) – 1st 10 – 30 days and/or $300 fine 2054 56-1-460  
DUS (DUI-related) – 2nd 60 days to 6 mths and/or $600 2055 56-1-460  
DUS (DUI-related) – 3rd or Subsequent 6 mths to 3 yrs and $1000 0956 56-1-460  
DUS (non-DUI) – 1st 30 days and/or $300 fine 0624 56-1-460  
DUS (non-DUI) – 2nd 60 (consecutive) days and/or $600 fine 0174 56-1-460  
DUS (non-DUI) – 3rd or Subsequent 90 days to 6 mths and $1000 fine or 90 days to 6 mths Home detention (no suspention) 0175 56-1-460  
Enticing Child from Attending School Up to 2 yrs and/or $1000 fine 0750 16-17-510  
Escape (Attempt) Up to 15 yrs – Consecutive 2527 24-13-410  
Escape (Common Law) Up to 10 yrs and/or discretionary fine 2570    
Escape (Statutory) 1 to 15 yrs – Consecutive 3113 24-13-410  
Escape (from Work Release) 1 to 15 yrs – Consecutive 3143 24-3-50 / 24-13-410  
Exploitation of a Vulnerable Adult Up to 5 yrs and/or up to $5000 fine 2657 43-35-85  
Failure to Register as Sex Offender – 1st offense Up to 30 days and/or up to $500 2606 23-3-470(B)(1)  
Failure to Register as Sex Offender – 2nd offense 1 yr mandatory (no suspension or probation) 2607 23-3-470(B)(2)  
Failure to Register as Sex Offender-3rd or Subsequent Offense 5yrs (of those 3 yrs w/ no suspension or probation) 2435 23-3-470(B)(3)  
Failure to Return Rented Objects <= 2000 Up to 30 days or $1000 fine 0520 16-13-420  
Failure to Return Rented Objects >2000 <10,000 Up to 5 yrs and/or discretionary fine 0522 16-13-420  
Failure to Return Rented Objects >10,000 Up to 10 yrs and/or discretionary fine 0521 16-13-420  
Financial Identity Fraud Up to 10 yrs and/or discretionary fine 2813 16-13-510  
Forgery (no dollar amount) Up to 3 yrs and/or a discretionary fine (MAG CT) 0488 16-13-10  
Forgery <10,000 Up to 5 yrs and/or discretionary fine 2427 16-13-10(B)(2)  
Forgery >=10,000 Up to 10 yrs and/or discretionary fine 0491 16-13-10(B)(1)  
Fraudulent Check >1000 – 1st offense Up to 2 yrs and/or $300 to $1000 fine 0800 34-11-60  
FTC Forgery Up to 5 yrs and/or $3000 to $5000 fine 0041 16-14-40  
FTC Fraud (500 or less in 6 months) Up to 1 yr and/or up to $1000 fine 0731 16-14-60  
FTC Fraud (more than 500 in 6 months) Up to 5 yrs and/or $3000 to $5000 fine 2351 16-14-60  
FTC Theft Up to 5 yrs and/or $3000 to $5000 fine 0348 16-14-20  
FTSBL (no injury) (1st offense) 90 days to 3 yrs or not less than $500 0065 56-5-750  
Grand Larceny >2000 <10,000 Up to 5 yrs and/or discretionary fine 3420 16-13-30(B)(1)  
Grand Larceny >=10,000 Up to 10 yrs and/or discretionary fine 3421 16-13-30(B)(2)  
Habitual Traffic Offender Up to 5 yrs 0057 56-1-1100  
Ill-Treatment of Animals Up to 5 yrs and $5000 fine 2804 47-1-40  
Indecent Exposure Up to 3 yrs and/or discretionary fine 0091 16-15-130  
Kidnapping Up to 30 yrs 0095 16-3-910 V MS
Leaving the scene of an Accident (great bodily injury) 30 days to 10 yrs and $5000 to $10,000 fine 2462 56-5-1210  
Leaving the scene of an Accident (personal injury) 30 days to 1 yr and/or $1000 to $5000 fine 2461 56-5-1210  
Leaving the scene of an Accident (property damage only) Up to 1 yr and/or $100 to $5000 fine 2464 56-5-1220  
Lewd Act Upon a Child Up to 15 yrs and/or discretionary fine 2468 16-15-140 V
Malicious Injury to Personal Property <=2000 Up to 30 days and/or up to $1000 fine 3415 16-11-510(B)(3)  
Malicious Injury to Personal Property >2000 <10,000 Up to 5 yrs and/or discretionary fine 3416 16-11-510(B)(2)  
Malicious Injury to Personal Property >=10,000 Up to 10 yrs and/or discretionary fine 3417 16-11-510(B)(1)  
Malicious Injury to Real Property <=2000 Up to 30 days and/or up to $1000 fine 3428 16-11-520(B)(3)  
Malicious Injury to Real Property >2000 <10,000 Up to 5 yrs and/or discretionary fine 3439 16-11-520(B)(2)  
Malicious Injury to Real Property >=10,000 Up to 10 yrs and/or discretionary fine 3430 16-11-520( B)(1)  
Murder 30 yrs to Life or Death penalty 0116 16-3-10 V MS
Obstruction of Justice Up to 10 yrs and/or discretionary fine 0118    
Obtaining Goods by False Pretenses <=2000 Up to 30 days and/or up to $1000 fine 1186 16-13-240(3)  
Obtaining Goods by False Pretenses >2000 <10,000 Up to 5 yrs and/or discretionary fine 0531 16-13-240(2)  
Obtaining Goods by False Pretenses >10,000 Up to 10 yrs and/or $500 fine 0422 16-13-240(1)  
Obtaining Non-Ferrous Metals Unlawfully <=2000 Up to 30 days and/or up to $1000 fine   16-11-523  
Obtaining Non-Ferrous Metals Unlawfully >2000 <10,000 Up to 5 yrs and/or discretionary fine   16-11-523  
Obtaining Non-Ferrous Metals Unlawfully >=10,000 Up to 10 yrs and/or discretionary fine   16-11-523  
Petty Larceny (<=2000) Up to 30 days and/or up to $1000 fine 3419 16-13-30  
Pointing or Presenting a Firearm Up to 5 yrs and/or discretionary fine 0122 16-23-410  
Possession of a Sawed off Shotgun Up to 10 yrs and/or up to $10000 fine 0315 16-23-230  
Possession of a Pistol by a Person convicted of a Violent Felony Crime Up to 5 yrs or up to $2000   16-23-500  
Possession of Pistol by Person Under 18 Up to 5 yrs and/or up to $2000 fine 2364 16-23-30  
Possession of Stolen Vehicle <=2000 Up to 30 days and/or up to $1000 fine 1241 16-21-80  
Possession of Stolen Vehicle >2000 <10,000 Up to 5 yrs and/or discretionary fine 0538 16-21-80  
Possession of Stolen Vehicle >=10,000 Up to 10 yrs and/or discretionary fine 0430 16-21-80  
Possession of Tools to be Used in Crime Up to 5 yrs and/or discretionary fine 0124 16-11-20  
Public Disorderly Conduct Up to 30 days or up to $100 0622 16-17-530  
Purse Snatching Up to 3 yrs 0129 16-13-150  
Receiving Stolen Goods <=2000 Up to 30 days and/or up to $1000 fine 3425 16-13-180(B)(1)  
Receiving Stolen Goods >2000 <10,000 Up to 5 yrs or not less than $1000 fine 3426 16-13-180(B)(2)  
Receiving Stolen Goods >10,000 Up to 10 yrs or not less than $2000 fine 3427 16-13-180(B)(3)  
Reckless Driving Up to 30 days or $25 to $200 dollar fine 0657 56-5-2920  
Reckless Homicide Up to 10 yrs and/or $1000 to $5000 fine 0135 56-5-2910  
Resisting Arrest (A) (w/o assault) Up to 1 yr and/or $500 to 1000 fine 0326 16-9-320(A)  
Resisting Arrest (B) (assault, beat, wound) Up to 10 yrs and/or $1000 to 10000 fine 0256 16-9-320(B)  
Shoplifting <$2000 Up to 30 days or up to $1000 fine 0528 16-13-110  
Strong Arm Robbery Up to 15 yrs 0137 Common-law, 16-11-325  
Third or Subsequent Property Offense Up to 10 yrs 2367 16-1-57  
Threatening the Life of a Public Employee Up to 30 days and/or up to $500 fine 2605 16-3-1040(B)  
Threatening the Life of a Public Official Up to 5 yrs and/or up to $5000 fine 0541 16-3-1040(A)  
Trespassing after Notice Up to 30 days or up to $200 fine 1167 16-11-620  
Unlawful Carrying of a Pistol Up to 1 yr and/or up to $1000 fine 0044 16-23-20  
Unlawful Conduct Towards a Child Up to 10 yrs and/or discretionary fine 2481 63-5-70  
Unlawful Possession of a Pistol Up to 5 yrs and/or up to $2000 fine 2364 16-23-30  
Unlawful Use of 911 Service Up to 6 mths and/or up to $200 fine 1298 23-47-80  
Use of Vehicle w/o Permission (intent to deprive) Up to 3 yrs 0756 16-21-60  
Use of Vehicle w/o Permission (temporary) Up to 1 yr and/or up to $500 fine 0222 16-21-60  
Use of Weapon during Assault/Murder etc. 3 mths to 1 yr and/or at least $2500 0010 16-3-610  
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