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South Carolina Misdemeanor

A South Carolina misdemeanor is about the same as misdemeanor in one of the other fifty states in the nation. In general, most states have two very basic classifications of offenses. Felonies are the more serious of the two and will garner much stiffer penalties. The fines are large, supervised release is for longer periods of time, and the incarceration sentences usually care a one year minimum. Moreover, felony offenders are sent to state run correctional facilities overseen by the South Carolina Department of Corrections.

Conversely, a South Carolina misdemeanor is punishable by one year or less of incarceration and this is generally served in a local or city jail facility instead of a state penitentiary. Other punishments may also include any combination of fines, restitution, community services, mandatory counseling sessions (such as alcohol assessment or anger management) or collateral punishments. Collateral punishment is the loss of a regular privilege that has some bearing on the South Carolina misdemeanor. For example, a person convicted of driving while intoxicated may lose his or her driving privileges. A person convicted of a less serous misdemeanor offense, such as speeding may still lose a specialized license if the individual is, perhaps, a professional driver, such as a cabbie or commercial driver. Sometimes all of the above punishments are imposed on a single crime. Sometimes none of them are, and a sentence is stayed in favor of supervised release, which is called probation in this case. Probation is subject to many conditions and stipulations and is subject to revocation if these conditions are not met. The length of a probationary period is usually as long as the initial sentence behind bars would have been.

It is often difficult to constitute what classifies as a misdemeanor and what is considered a felony. A seemingly single crime can be a felony or a South Carolina misdemeanor. For example, drug possession is subject to many qualifications that can classify it as either a felony or misdemeanor offense. If a subject is found with a few ounces of marijuana on his or her person, or possibly an article of paraphernalia, he or she will likely be charged with a South Carolina misdemeanor. However, if the degree is raised, and the person is found to have several pound of the same illegal substance on his or her person, he or she will likely incur a felony offense. The degree of nonviolent offenses is one qualifying factor that differentiates between felonies and misdemeanors. The circumstances of the crime also make a great deal of difference. Using the same example, the person found with a small, misdemeanant worthy amount of marijuana will be subject to a different set of rules if he or she is on the property of a public elementary school. The circumstances of the crime influence the charge.

Similarly, the degree of a crime can also be measured in value. Theft has many degrees, and depending on the value of the property stolen, may be a South Carolina misdemeanor or a felony offense. For example, taking a DVD movie from a discount store is shoplifting or petty theft. It is punishable with a fairly severe fine, but is still a misdemeanor offense. However, stealing a car or embezzling thousands of dollars from one's place of employment, while still theft, is considered much more serious and will likely subject the person to felony punishment.

Nonviolent crimes are also sorted out by degrees. Whether a person is punished as a felon or misdemeanant often is contingent upon the amount of damage the person does to another body or to property OR the potential of doing damage to other persons or property. Here again, mitigating circumstances may also come into play. For example, striking another person may be considered assault, which is one of the leading crimes resulting in felony incarceration in the state of South Carolina. It may also be considered simple disorderly conduct. A person who beats another person into a comatose state, even if there is no weapon used, will likely be convicted of felony battery. A person who knocks another person off a barstool in a local tavern and is removed from the establishment for such unsocial behavior may be charged with disorderly conduct, a misdemeanor. Both crimes involve laying unwanted hands on another person, but the degree of contact drives the sentencing. The circumstances of the crime also are taken into consideration. For example, using the above scenario, if the person knocked from the barstool were to get up and attack his assailant, he may be considered somewhat justified in his retaliation. Even if the first person is hurt somewhat badly, the second person may only receive a misdemeanor charge because his retaliation was justified.

Additionally, what is considered a South Carolina misdemeanor may be considered a felony in North Carolina or another state. All states make their own sentencing rules. It is important to know the laws in order to understand the felony and misdemeanor sentencing.

Oddly, while all of the misdemeanor versus felony arguments are difficult, the greatest bulk of all South Carolina misdemeanor cases are very simple because they are traffic violations. If anything that is not considered a felony is a misdemeanor, that leaves a great number of misdemeanor traffic violations. Fortunately, most of these violations never reach the court system, making the proceedings much more efficient. If a driver is issued a traffic citation, for speeding for example, he or she will have court appearance instructions clearly labeled on the citation itself. It will show the amount of the fine, the date of the violator's scheduled court appearance, and details on how to proceed. If the violator does not wish to contest the fine, he or she must simple send in the fine amount prior to the court date listed on the citation. In such a case, a plea of guilty or no contest will be entered on the violator's behalf, and the receipt of the fine amount will constitute satisfaction of punishment in the eyes of the court. If the violator wishes to contest the fine (which seldom happens in the course of hundreds of thousands of traffic violations) he or she must appear during his or her court date and make the case, either with or without counsel. If the violator does neither, a warrant may be issued for his or her arrest. This system cuts down on the greatest bulk of court appearances for South Carolina misdemeanor offenders.

While these court cases are technically under the jurisdiction of district courts, most of these cases are heard in lesser courts. County courts encompass only one county, while district courts may encompass many counties. District courts do hear some cases of misdemeanor offenses, but most are heard in county or city courts. Hence, offenders are sentenced to local jails that match the area in which his or her case was heard.

Misdemeanors in South Carolina

Misdemeanors in South Carolina are considered part of a person's criminal record, even if they are a nonviolent or traffic offense. All misdemeanors are searchable in a simple database, although some municipalities have reporting rules that prevent particular crimes from being added to the databases. The information is still accessible, by law, but some unserious crimes committed in very small South Carolina towns are simply not deemed important enough to be added to the database and will have to be accessed by phoning the county or village offices.

Still, almost all misdemeanor offenses can be found via the online databases. Searches are very simple. Usually, a searcher needs only an offender's first and last name in order to make a valid information search. Common names may provide a plethora of search files. A person is able to effectively filter out some of these files by offering more information than simply the first and last name. For example, a common name such as Brown might bring up 50 files for Brown and another 50 for Brownell, Browning, and Browner combined. By inputting the offender's date of birth, middle name or middle initial, many of these unwanted files can be eliminated.

Similarly, many files may be returned in a single search if the offender has a storied criminal past. Most of the time, each offense shows up as a separate case number, since each offense is individually examined in the court system. Therefore, a person who has a case file for driving while drunk may also have a case file for failure to yield the right of way, speeding and fleeing an officer?all from the same traffic stop. If the person has been in trouble many times, the file list may be very long.

These long file lists are useful if the searcher is performing an overall background check. The search results will give a simple overview of a person's criminal history. However, if the searcher is a victim, or is otherwise interested in only a single case, it is again good to have added information to offer as a search qualification. For example, knowing the case number (which few people know, but the number can be recorded upon a successful search to streamline any and all future searches) or the general date of the offense can direct the user to the appropriate files very quickly.

The information found in these files is varied and useful. In the event that a misdemeanor case is closed, the searcher will learn what the offender's sentence was, for example "two months in the county jail" or "$750 fine". The searcher will also learn of collateral punishment or other court mandated actions applied to the individual. Some files will include if the court mandates have or have not been satisfied, indicating if fines have been paid and so forth. If the case is still open, the searcher has to assume that the alleged offender is innocent until proven guilty. Many counties include disclaimers as to this fact on the docket information. If the case is open, a searcher may view the result of past hearings, such as a "not guilty" plea entered at a plea hearing. The searcher may also gain information on any pending court actions and hearings.

Regardless of if the case is open or closed, there are some bits of information that the searcher will find. Usually, the searcher can harvest the docket or case number for future searches. The person's date of birth, full name and often last known residence are included. Personnel involved in the case, such as the attorneys for both sides, the presiding judge and the arresting officer are also usually listed. Any fines that the offender has already paid to the courts are notes.

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