The Difference Between Misdemeanors and Felonies

If you’re facing criminal charges in South Carolina, one of the first questions you probably have is whether you’re being charged with a misdemeanor or a felony. The distinction matters, as it affects how much time you could spend behind bars, expungement eligibility, and what collateral consequences you may be facing. If you or a loved one has been charged with a crime, our Gaffney criminal defense attorneys at Parker & Bain, LLC are ready to help you understand potential criminal penalties as well as options for post-conviction relief.

Crime Classifications in Gaffney, SC

The main distinction between felonies and misdemeanors comes down to incarceration length, with a misdemeanor being punishable by up to three years in jail and the least severe felony charge (Class F felony) potentially resulting in five years behind bars.

Each class carries its own maximum prison sentence, set out in SC Code §16-1-20:

Felony Classifications

• Class A felony: Maximum imprisonment of 30 years
• Class B felony: Maximum imprisonment of 25 years
• Class C felony: Maximum imprisonment of 20 years
• Class D felony: Maximum imprisonment of 15 years
• Class E felony: Maximum imprisonment of 10 years
• Class F felony: Maximum imprisonment of five years

Misdemeanor Classifications

• Class A misdemeanor: Maximum imprisonment of three years
• Class B misdemeanor: Maximum imprisonment of two years
• Class C misdemeanor: Maximum imprisonment of one year

Consequences of a SC Criminal Conviction

Imprisonment

The most obvious difference between felonies and misdemeanors is the amount of prison time. As previously discussed, the lowest felony class (Class F felony) still carries a maximum sentence of five years, while the highest misdemeanor class (Class A misdemeanor) carries a maximum sentence of three years. Felonies are also more likely to involve a state prison sentence, while misdemeanors are more often served in a local or county detention facility.

Expungement Eligibility

Whether you can eventually clear an offense from your record often depends on whether it was charged as a felony or misdemeanor. Under South Carolina law, most felony convictions cannot be expunged, with narrow exceptions. In contrast, many first-offense misdemeanors are eligible for expungement after a waiting period, provided there are no additional convictions.

Employment and Licensing Consequences

Employers and professional licensing boards typically weigh felony convictions more heavily than misdemeanors. Certain professions, including healthcare, education, and banking, may bar an applicant outright based on a felony conviction, while a misdemeanor is more likely to get the benefit of the doubt.

Legal Advocacy to Reduce Criminal Liability

A criminal conviction can result in immediate consequences that take away your personal freedom, while long-term consequences are a collateral result. By working with an experienced criminal defense attorney, you can mitigate your criminal liability. In some cases, a defense lawyer may be able to negotiate a felony charge down to a lesser offense; for example, arguing for a lower degree of domestic violence, contesting the value of goods in a shoplifting case, or negotiating a first-offense voyeurism charge as a misdemeanor rather than a felony.

By striking a favorable plea bargain with the prosecution, you may have fewer roadblocks moving forward.

Facing a Charge? Contact Our Gaffney Criminal Defense Attorneys

Whether you’re charged with a misdemeanor or a felony can shape the rest of your case and, many times, your life trajectory. If you’re unsure how your charge is classified or what it could mean for your future, Parker & Bain, LLC, is here to provide answers. To schedule a consultation with our Gaffney criminal defense lawyers, contact us online or by calling (864) 252-2650.