South Carolina Felony Classes and Misdemeanor Penalties (2026)

South Carolina sorts felonies into six classes (A through F) and misdemeanors into three (A through C) "for the purpose of sentencing" (S.C. Code 16-1-10(A), (B)), with maximum terms from 30 years for a Class A felony down to one year for a Class C misdemeanor (S.C. Code 16-1-20(A)). Every offense with a term of imprisonment of less than one year is a misdemeanor outside the class system, and murder and other listed offenses are exempt from the classes and carry their own penalties (S.C. Code 16-1-10(C), (D)).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Carolina's classification and class-sentencing sections in Title 16, Chapter 1 (S.C. Code 16-1-10 to 16-1-130), the default felony punishment and repeat-offender life-without-parole statutes (S.C. Code 17-25-20, 17-25-30, 17-25-45), the restitution condition for property crimes (S.C. Code 17-25-125) and the general probation sections (S.C. Code 24-21-410, 24-21-440, 24-21-460). It does not cover how individual offenses are punished (see the South Carolina theft laws and South Carolina assault laws pages), parole and early release, magistrate and municipal court limits, time limits for prosecution, record clearing, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in South Carolina

Title 16, Chapter 1 of the South Carolina Code contains no one-sentence definition of the word felony. Instead, S.C. Code 16-1-10 builds the categories for sentencing:

"(A) Felonies are classified, for the purpose of sentencing, into the following six categories: (1) Class A felonies (2) Class B felonies (3) Class C felonies (4) Class D felonies (5) Class E felonies (6) Class F felonies (B) Misdemeanors are classified, for the purpose of sentencing, into the following three categories: (1) Class A misdemeanors (2) Class B misdemeanors (3) Class C misdemeanors (C) All offenses with a term of imprisonment of less than one year are misdemeanors and exempt from the classification system."

Two points follow from the text. A misdemeanor in South Carolina is not limited to less than a year: the classified misdemeanors run up to three years. And the one-year line in 16-1-10(C) works in one direction only, placing every offense with a term under one year among the misdemeanors and outside the classes.

Which offense falls in which class is set by lists. S.C. Code 16-1-90 lists the felonies in each class and 16-1-100 lists the misdemeanors; for example, the Class A felony list in 16-1-90(A) includes voluntary manslaughter, attempted murder and first-degree criminal sexual conduct. For offenses created later, 16-1-30 provides: "All criminal offenses created by statute after July 1, 1993, must be classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20, except as provided in Section 16-1-10(D)."

South Carolina felony and misdemeanor classes

S.C. Code 16-1-20(A) provides that "A person convicted of classified offenses, must be imprisoned as follows," and then lists one maximum per class.

These are the ranges for the class itself; S.C. Code 17-25-45 and 16-1-120 set higher sentences for some repeat convictions, described below.

The class maximum is a ceiling, not the typical sentence, and it is not the only limit. Under S.C. Code 16-1-20(B), "the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence." So an offense statute that sets a mandatory minimum or bars suspension still controls on those points. The same subsection adds that "No sentence of imprisonment precludes the timely execution of a death sentence." Subsection (C) provides: "This chapter does not apply to the minimum sentences established for fines or community service."

Title 16, Chapter 1 contains no fine table. Its class sections state only maximum terms of imprisonment, so the fine for a given offense comes from that offense's own statute.

Exempt and unclassified offenses

Some of the most serious offenses sit outside the classes. S.C. Code 16-1-10(D) lists offenses "classified as exempt under subsections (A) and (B)," including murder (16-3-10), fentanyl-induced homicide (16-3-80), criminal sexual conduct with a minor in the first degree (16-3-655(C)(1)), kidnapping if sentenced for murder (16-3-910) and first-degree burglary (16-11-311(B)). Each carries the penalty its own statute sets, and under 16-1-20(B), "Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable."

Older offenses that never made the lists keep their old penalties. S.C. Code 16-1-110 provides: "A felony or misdemeanor provided by statute or in common law which is not assigned a classification pursuant to Section 16-1-90 or 16-1-100 must be punished as provided before enactment of the classification system."

Where no statute sets a special punishment for a felony, S.C. Code 17-25-20 allows confinement "for a period of not less than three months nor more than ten years," and where no punishment is provided by statute at all, 17-25-30 directs a sentence "conformable to the common usage and practice in this State." Within Chapter 1, common-law attempt "must be punished as for the principal offense" (16-1-80), and accessory after the fact is punished one class below the principal offense, or as a Class D felony where the principal offense is a Class A, B or C felony or murder (16-1-55).

One rule moves repeat property offenses into a class. S.C. Code 16-1-57 provides: "A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, be punished as prescribed for a Class E felony." The South Carolina theft laws page covers the value tiers that rule refers to.

Repeat-offender sentencing

Two statutes raise sentences for people with prior convictions.

Life without parole (17-25-45). S.C. Code 17-25-45(A) provides: "Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either: (1) one or more prior convictions for: (a) a most serious offense; or (b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or (2) two or more prior convictions for: (a) a serious offense; or (b) ..." Subsection (B) applies the same life-without-parole sentence to a conviction for a serious offense when the person "has two or more prior convictions for: (1) a serious offense; (2) a most serious offense; ..." The section itself defines which offenses count as most serious and serious offenses. The decision to seek this sentence is in the discretion of the solicitor, who must give written notice to the defendant and counsel at least ten days before trial (17-25-45(G), (H)). A person sentenced under the section is not eligible for parole, early release or sentence credits, apart from work release for some listed offenses within three years of release and parole only on the narrow age, health or extraordinary-circumstance grounds in 17-25-45(D) and (E). The South Carolina life sentence page covers what a life term means there.

Added time for a quick new felony (16-1-120). Under S.C. Code 16-1-120(1), when a person who was convicted of a Class A, B or C felony, or of an exempt offense with a maximum term of twenty years or more, is released from prison "whether on parole or by completion of the sentence" and is convicted of another felony, time is added to the new sentence based on how soon the new offense followed release. If it was committed within 45 days of release, "five years shall be added"; the added time steps down from there, and if it was committed within 360 days, "one year shall be added to the sentence mandated by the subsequent conviction." The added time may not be suspended or reduced by any early release program or work credit and "must be served in full," and if the new offense's maximum sentence is shorter than the added time, the added time equals that maximum (S.C. Code 16-1-120(2), (3)).

Wobblers and reductions

Title 16, Chapter 1 contains no provision letting the same offense be charged, sentenced or reduced as either a felony or a misdemeanor. Classification there is fixed by the lists in 16-1-90 and 16-1-100, by the maximum-term rule in 16-1-30 for newer offenses, and by the pre-1993 rule in 16-1-110 for unlisted ones.

Infractions and petty offenses

Title 16, Chapter 1 defines no infraction, violation or petty-offense tier. The lowest category it names is the misdemeanor, and under 16-1-10(C) any offense with a term of imprisonment of less than one year is a misdemeanor exempt from the classes.

Probation in South Carolina

S.C. Code 24-21-440 sets one cap for felonies and misdemeanors alike: "The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended within the above limit."

Probation is not available for every conviction. S.C. Code 24-21-410 lets the court suspend a sentence and order probation after conviction "for any offense, except a crime punishable by death or life imprisonment," and the defendant must first agree in writing to warrantless searches based on reasonable suspicion (a requirement that does not apply to a Class C misdemeanor or an unclassified misdemeanor carrying not more than one year). An offense statute may also prohibit "suspension of any part of the sentence" (S.C. Code 16-1-20(B)). For a crime involving the taking or receiving of, or malicious injury to, another's property, part of a sentence below the maximum may be suspended with probation if the defendant makes restitution to the victim (S.C. Code 17-25-125). A person sentenced under 17-25-45 "must be sentenced to a term of imprisonment for life without the possibility of parole."

Probation violations

S.C. Code 24-21-460 sets what the court may do once the person is arrested and brought before it. The court "may revoke the probation or suspension of sentence and shall proceed to deal with the case as if there had been no probation or suspension of sentence except that the circuit judge before whom such defendant may be so brought shall have the right, in his discretion, to require the defendant to serve all or a portion only of the sentence imposed." If only part of the sentence is put into effect, "the remainder of such sentence shall remain in full force and effect and the defendant may again, from time to time, be brought before the circuit court so long as all of his sentence has not been served and the period of probation has not expired."

Recent changes

The latest amendment to the classification section is 2025 Act No. 61 (S.156, on fentanyl-induced homicide), Section 2, effective May 22, 2025, which put fentanyl-induced homicide (16-3-80) on the 16-1-10(D) list of exempt offenses. The class maximums in 16-1-20 date from 1993 Act No. 184 as amended by 1995 Act No. 7, and the five-year probation cap in 24-21-440 from 1991 Act No. 134. The class lists change as new offenses are created: for example, 2026 Act No. 121 (S.357), effective on approval May 15, 2026, added mail theft (16-13-190) to the Class E felony list in 16-1-90(E) for a second or subsequent offense and to the Class A misdemeanor list in 16-1-100(A) for a first offense. No future effective date is set in the sections covered here.

Related legal issues in South Carolina

The penalty for a particular offense comes from its own statute and its place on the 16-1-90 or 16-1-100 lists. The South Carolina theft laws page explains how theft is graded, and the South Carolina assault laws page covers the assault and battery degrees. For clearing an old record, see South Carolina expungement laws, and for time limits on charges, see the South Carolina statute of limitations.

Federal firearm rule and South Carolina misdemeanors

Federal law, 18 U.S.C. 922(g)(1), makes it unlawful for a person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce. The federal definition in 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." By the text of that exclusion, a South Carolina Class B or Class C misdemeanor (up to 2 years or 1 year) falls inside it, while a Class A misdemeanor, punishable by up to 3 years, does not. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• South Carolina theft laws
• South Carolina assault and battery laws
• South Carolina expungement laws
• How long is a life sentence in South Carolina

This article provides general legal information about South Carolina's criminal classification, sentencing and probation statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Carolina.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in South Carolina?

Title 16, Chapter 1 does not define the word felony in one sentence. It sorts felonies into Classes A to F and misdemeanors into Classes A to C for sentencing (S.C. Code 16-1-10(A), (B)), and makes every offense with a term of imprisonment of less than one year a misdemeanor outside the classes (16-1-10(C)).

What are the felony classes in South Carolina?

Class A (up to 30 years), B (up to 25), C (up to 20), D (up to 15), E (up to 10) and F (up to 5 years) under S.C. Code 16-1-20(A). Exempt offenses such as murder carry their own penalties, and repeat-offender statutes can raise the sentence.

What is a Class A misdemeanor in South Carolina?

It is the highest misdemeanor class, punishable by up to three years in prison (S.C. Code 16-1-20(A)(7)). The offenses in the class are listed in 16-1-100(A), and any fine comes from the offense statute.

Can a misdemeanor in South Carolina carry more than a year in jail?

Yes. Class A and Class B misdemeanors allow up to three and two years (S.C. Code 16-1-20(A)). Only offenses with a term of imprisonment of less than one year are misdemeanors outside the class system (16-1-10(C)).

Does South Carolina have infractions?

Title 16, Chapter 1 defines no infraction or violation tier. Its lowest category is the misdemeanor, including offenses with a term of imprisonment of less than one year (S.C. Code 16-1-10(C)).

How long is probation in South Carolina?

The period of probation or suspension of sentence may not exceed five years; the judge sets it and may continue or extend it within that limit (S.C. Code 24-21-440). Probation is not available for a crime punishable by death or life imprisonment, and some offense statutes bar suspension (S.C. Code 24-21-410, 16-1-20(B)).

What happens if you violate probation in South Carolina?

After the person is brought before the court, it may revoke probation or the suspended sentence, and the circuit judge may require the person to serve all or part of the sentence imposed. If only part is put into effect, the rest stays in force while probation runs (S.C. Code 24-21-460).