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

106746

Learn about South Carolina Law.

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

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

South Carolina Criminal Offenses and Penalties

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