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Your Charleston Criminal Defense Attorney
Being charged with a crime in Charleston can feel like the ground has moved. Before anything else, it helps to know that South Carolina’s rules on grading, deadlines, and clearing a record are written down, and they are more specific than most people expect. Keep reading for the grading system, straight answers on DUI, drug, assault, and theft charges, which court hears a case, and how a record can later be cleared. These rules apply across South Carolina, but an attorney familiar with local practice can explain what to expect in your case.
Deadlines and Records: The Short Version
- Felony or misdemeanor? South Carolina classifies offenses under felony classes A through F; misdemeanor classes A through C (S.C. Code 16-1-20, 16-1-90), which sets the outer limits on the sentence.
- How long can they wait to charge me? no statute of limitations for a criminal prosecution, felony or misdemeanor, under .
- How long until trial? no statutory or court-rule deadline; the constitutional right is analyzed case by case, under S.C. Const. art. I.
- Can this come off my record? South Carolina law provides for expungement (S.C. Code 17-22-910 and following sections), with eligibility rules that depend on the offense.
What Determines the Seriousness of a Charge in South Carolina
South Carolina sorts crimes using felony classes A through F; misdemeanor classes A through C, under S.C. Code 16-1-20, 16-1-90. Knowing which class or degree a charge falls into is the quickest way to understand the range of penalties a court can impose, though the exact sentence for any one charge depends on the statute defining that offense and the facts of the case.
Beyond the maximum sentence, a charge’s grade often determines which court has jurisdiction, whether a jury trial is available, and how a resulting conviction shows up in later background checks.
The charging document is what actually fixes the range a court can impose, so having an attorney review it early is the fastest way to know what a specific charge means.
Rights Every Defendant Has, Regardless of the Charge
Some protections come from the U.S. Constitution and apply the same way in South Carolina as anywhere else. Miranda v. Arizona, 384 U.S. 436 (1966), requires warnings before a custodial interrogation, and Gideon v. Wainwright, 372 U.S. 335 (1963), guarantees an appointed attorney for someone who cannot afford one.
The Sixth Amendment also guarantees a jury trial for serious criminal charges, and every defendant is presumed innocent until the prosecution proves guilt beyond a reasonable doubt, the standard set out in In re Winship, 397 U.S. 358 (1970).
A person convicted at trial also generally has the right to appeal to a higher court, and the right to remain silent continues throughout the case, not only at the time of arrest.
When Do the Clocks Run in a South Carolina Case?
The deadline to start a prosecution is set by : no statute of limitations for a criminal prosecution, felony or misdemeanor.
Once charged, no statutory or court-rule deadline; the constitutional right is analyzed case by case, under S.C. Const. art. I.
Because these dates can decide whether a case can proceed at all, confirming the date of the alleged offense and the date any charge or complaint was filed is worth doing early with an attorney.
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Where Your Charleston Case Is Heard
In South Carolina, a felony charge is heard in the Court of General Sessions (Circuit Court), and a misdemeanor is generally heard in magistrate court (minor offenses) or the Court of General Sessions, depending on the maximum penalty. A charge from Charleston belongs to Berkeley County (also Charleston County).
After arrest, a case typically moves through an initial appearance and a bail decision, then a preliminary hearing or grand jury review, before any pretrial motions or trial.
Answers on the Charges We Hear About Most
DUI Charges in Charleston
South Carolina’s impaired-driving law sets its own thresholds and penalty structure for a DUI charge, and prior offenses typically increase what is at stake. The specific numbers that apply to a given charge come from the statute cited in the charging document, not a general rule.
Refusing a chemical test can carry its own separate consequences under South Carolina’s implied-consent law, apart from the DUI charge itself.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
Facing a Drug Charge in Charleston
South Carolina law distinguishes simple possession, meant for personal use, from manufacturing or distribution offenses, which carry substantially higher penalties. The schedule of the substance involved and the quantity typically decide how a charge is graded under South Carolina’s controlled substances statute.
Paraphernalia charges are often filed alongside a possession charge and are graded separately under South Carolina law.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
Assault Under South Carolina Law
South Carolina generally distinguishes simple assault from aggravated assault, with the aggravated form usually involving a weapon, a serious injury, or a victim in a protected category such as a law enforcement officer. Which category applies, and the resulting range of penalties, is set by the specific statute charged.
Protective orders are sometimes sought alongside an assault charge and follow their own separate procedure in South Carolina.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
Theft Under South Carolina Law
Theft charges in South Carolina are usually graded by the value of the property involved, with higher-value thefts charged as felonies and lower-value thefts as misdemeanors. The exact dollar thresholds are set in South Carolina’s theft statute and can change the range of penalties considerably.
Retail theft, or shoplifting, is sometimes graded under its own separate statute rather than the general theft law.
Whatever the charge, the same general process applies: an initial appearance, a decision on bail or pretrial release, and either a preliminary hearing or a grand jury proceeding before the case can go to trial.
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Clearing a Record After a Charge in South Carolina
South Carolina provides for expungement under S.C. Code 17-22-910 and following sections. Whether a particular charge or conviction qualifies, and how long the wait is, depends on the offense and how the case ended. administered by the circuit solicitor’s office; eligibility depends on the specific offense
Employers, landlords, and licensing boards often ask about criminal history, so a cleared or sealed record can make a real difference on those applications.
An attorney can check whether a specific charge or conviction is eligible and what the process involves.
A Note on Charleston and the Local Courts
Charleston cases are heard as part of Berkeley County (also Charleston County). Knowing which court you will be in, and how it schedules cases, matters, and an attorney who handles matters there can help.
Hurt because of someone else’s carelessness rather than facing a charge? Read our Charleston personal injury page. Related city pages in this region: Mount Pleasant, North Charleston, and Wando. For the full list of South Carolina communities we serve, see our South Carolina criminal defense page.
Frequently Asked Questions
Can the grade of a charge change as a case goes on?
Yes. Charges are sometimes amended, reduced, or added as a case develops, based on the evidence.
How long does South Carolina have to bring criminal charges?
no statute of limitations for a criminal prosecution, felony or misdemeanor (null).
Can I ask for a faster trial?
Yes, an attorney can raise the issue and, where applicable, file a motion asking the court to enforce the deadline.
Who decides which court hears my case?
The location of the alleged offense generally determines venue, meaning which specific court handles the case.
Who can still see a cleared record?
Even where a record is cleared or restricted, certain agencies, such as law enforcement or licensing boards in some circumstances, may still have access.
Is DUI always a misdemeanor?
Not always. Depending on the circumstances, such as injury to another person or a high number of prior offenses, a DUI can be charged as a felony in many states.
Will I have to go to court in person?
Most stages of a criminal case require a court appearance, though the specific requirements depend on the charge and the court’s own procedures.
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