SOUTH CAROLINA CRIMINAL LAW

South Carolina criminal law contains statutes and rules outlining punishments for crimes and procedures for crminal trials. The information below is a brief summary of the most common questions about South Carolina criminal law. South Carolina's criminal law statutes can be complex and punishments will vary depending on the specific nature of each offense, so any defendant with specific questions should contact a South Carolina criminal attorney.

Drug Possession In South Carolina

Possessing and distributing drugs in South Carolina can be a serious offense depending on the nature of the possession and the type of drug.

1. Marijuana Offenses: Possession of marijuana less than one ounce is a misdemeanor in South Carolina punishable by up to 30 days and up to a $1,000 fine. Possession of any quantity higher than one ounce is considered a sale or trafficking offense, and will result in a felony charge.
1. Sale of less than 10 pounds of marijuana is punishable by up to 5 years in jail and a $5,000 fine.
2. Sale of more than 10 pounds of marijuana is considered trafficking and carries mandatory sentences between 1-25 years in prison and fines up to $200,000 depending on the quantity.
2. Narcotics Offenses: Possession of any amount of narcotics such as cocaine or heroin can result in up to 2 years in prison and a fine up to $2,000. Sale of narcotics can result in a 15 year jail sentence and a $50,000 fine.
1. Anyone caught with more than 10 grams of narcotics faces trafficking charges and mandatory minimum sentences ranging from 7-25 years and a fine up to $200,000.

South Carolina takes drug offenses very seriously issuing steep fines and lengthy prison sentences to those convicted. Anyone arrested for possession or sale of drugs should immediately contact a South Carolina criminal defense lawyer.

Assault In South Carolina

A person can be arrested for assault and battery in South Carolina for threatening or injuring another person. Assault and battery charges can vary in punishment depending on the severity of the crime, the use of a weapon, or who the victim is. More basic assault and battery charges can result in misdemeanor charges and up to one year in jail, while assault and battery with a weapon in South Carolina can be a felony charge with six months to several years in jail. If arrested for assault and battery in South Carolina, contact a South Carolina criminal lawyer.

South Carolina Drunk Driving - DUI

A DUI in South Carolina can result in serious and expensive consequences, and an arrest should not be taken lightly. A defendant convicted of a South Carolina DUI faces a license suspension of 6 months, a $400 fine, fees and assessments up to $500, 48 hours in jail or community service, and the possible requirement of alcohol rehabilitation classes. If arrested for a DUI in South Carolina, contact a South Carolina DUI attorney immediately.

Right To Jury Trial In South Carolina

South Carolina defendants cannot be convicted of a crime for which they have been accused unless, they receive a trial by a jury. A defendant accused of misdemeanors or minor felonies in South Carolina may waive the right to a jury trial and have a judge hear the case and issue a sentence. A defendant with questions about the right to a jury in South Carolina should contact a South Carolina criminal attorney.

Trial Date In South Carolina

A South Carolina defendant will receive a trial date after being indicted for a crime. Misdemeanors and felonies can be heard faster than more serious crimes, and in any case the parties may request a continuance to ask for a judge to allow more time to prepare for trial. For questions about a trial date or continuance, consult a South Carolina criminal lawyer.

Sentence Review And Appeal In South Carolina

A South Carolina defendant convicted of a crime may file a motion to appeal the conviction or sentence arguing the conviction was a violation of Constitutional rights, was excessive, was imposed by a court without jurisdiction, or was the result of any other error during trial. Any defendant who wants to review or challenge their sentence or conviction should consult a South Carolina criminal defense attorney prior to sentencing.

South Carolina Code of Laws

Relevant South Carolina Criminal Law

1. Drug Possession in South Carolina
1. S.C. Code Ann. tit. 44, ch. 53, § 53-370.
2. Assault in South Carolina
1. S.C. Code Ann. tit. 16, ch. 3, art. 7.
3. South Carolina Drunk Driving - DUI
1. S.C. Code Ann. tit. 56, ch. 5, §§ 5-2910 - 5-2930.
4. Right to Jury Trial in South Carolina
1. S.C. Code Ann. tit. 17, ch. 23, §§ 23-80 - 23-140.
5. Sentence Review and Appeal in South Carolina
1. S.C. Code Ann. tit. 17, ch. 27, § 27-20.