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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