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Your Spartanburg Criminal Defense Attorney
If you or someone you care about is facing a charge in Spartanburg, you are probably looking for straight answers more than legal theory. South Carolina sets out how charges are graded, how long the state has to bring them, and how a record can later be cleared, so many of those answers can be checked. Below you will find how charges are graded, the deadlines that apply, where a case is heard, and how a record can later be cleared. Talking with an attorney who knows local practice can turn these general rules into a plan for 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 .
- Trial timing: no statutory or court-rule deadline; the constitutional right is analyzed case by case (S.C. Const. art. I).
- Records: South Carolina’s expungement (S.C. Code 17-22-910 and following sections) is the mechanism for clearing a record, subject to its own eligibility rules.
What Determines the Seriousness of a Charge in South Carolina
Every South Carolina criminal charge carries a classification under felony classes A through F; misdemeanor classes A through C (S.C. Code 16-1-20, 16-1-90). That classification tells you the general range of what a court can impose, though the statute defining the specific offense, not the classification alone, sets the exact penalty.
In practice, the grade of a charge affects more than the maximum sentence: it can decide whether the case is handled in a lower or higher court, whether a jury trial is available, and what a conviction later shows on a background check.
Because the exact penalty depends on the specific statute charged, an attorney who reviews the charging document can identify exactly what is at stake in a particular case.
Your Rights During a Criminal Case
A few rights do not depend on which state the charge is in. Under Miranda v. Arizona, 384 U.S. 436 (1966), police must warn a suspect in custody of the right to remain silent and the right to counsel, and under Gideon v. Wainwright, 372 U.S. 335 (1963), the state must provide a lawyer to 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).
Beyond trial, a conviction can usually be appealed to a higher court, and the right against self-incrimination applies at every stage of the case, not just during the initial arrest.
How Long Does South Carolina Have, and How Long Can It Take?
South Carolina requires that a prosecution begin within the following period: 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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Which Court Handles a Spartanburg Criminal Case?
South Carolina splits jurisdiction by the seriousness of the charge: the Court of General Sessions (Circuit Court) hears felonies, and magistrate court (minor offenses) or the Court of General Sessions, depending on the maximum penalty generally hears misdemeanors. For Spartanburg, that means Spartanburg County.
The usual sequence is an initial appearance and bail decision soon after arrest, a preliminary hearing or grand jury proceeding, and then pretrial motions and trial if the case is not otherwise resolved.
What These Charges Mean in South Carolina
Driving Under the Influence in South Carolina
A DUI charge in South Carolina is governed by that state’s own impaired-driving statute, which sets the blood alcohol thresholds and the penalties that apply, including how a prior DUI affects sentencing. Because the exact numbers are specific to the statute charged, the charging document and any test results are the first things worth reviewing.
Whether the charge is a misdemeanor or a felony in a particular case often turns on the number of prior offenses and whether anyone was injured, both of which the charging document should state.
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.
Drug Possession and Distribution Charges in South Carolina
Drug charges in South Carolina are graded largely by two things: whether the conduct was possession for personal use or manufacture and distribution, and which schedule the substance falls under. The controlling numbers come from the statute cited in the charging document.
Paraphernalia charges are often filed alongside a possession charge and are graded separately under South Carolina law.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
What Determines the Severity of an Assault Charge
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.
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.
What Determines the Severity of a Theft Charge
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.
Restitution to the alleged victim is commonly part of the outcome in a theft case, in addition to any criminal penalty.
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 charge in Spartanburg? Talk to an attorney about what applies to you.
What Can Be Cleared From a South Carolina Record?
The mechanism for clearing a record in South Carolina is expungement (S.C. Code 17-22-910 and following sections). Eligibility rules vary by offense and by outcome, so a case that did not end in conviction is often treated differently from one that did. 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.
Spartanburg: Courts and Getting Started
A charge from Spartanburg is part of Spartanburg County. Local practice, such as how quickly cases are scheduled, shapes how the general rules on this page play out, and a local attorney can describe what that looks like.
For the full list of South Carolina communities we serve, see our South Carolina criminal defense page. Nearby communities we serve include Cowpens, Pacolet, and Gaffney. For an injury claim rather than a criminal charge, our Spartanburg personal injury page explains the rules.
Frequently Asked Questions
How does South Carolina decide if a charge is a felony or a 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). The classification sets the general range of penalties, and the specific statute charged sets the exact one.
What stops the clock on a criminal deadline?
In states with a deadline, filing a formal charge generally stops the clock; the exact triggering event is set by that state’s own statute.
What is the difference between a statutory and a constitutional speedy trial right?
A statutory or court rule sets a specific number of days; the constitutional right has no fixed number and is instead weighed case by case.
Can a case move from one court to another?
Yes. A misdemeanor case can sometimes be bound over to a higher court, and a felony charge that is reduced can sometimes move to a lower court.
Does an arrest without a conviction stay on my record?
That depends on the state and the outcome of the case; some non-conviction records are treated differently than convictions.
Can I refuse a breath or blood test in South Carolina?
You generally can, but South Carolina’s implied-consent law may impose separate consequences for a refusal, apart from the DUI charge itself.
Can charges be dismissed before trial?
Yes, in some cases, based on the evidence, a legal defect in the charge, or a negotiated resolution.
Get Started With an Attorney in Spartanburg
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