Differences between felonies and misdemeanors
Facing a criminal charge in South Carolina? It is important to know whether the offense is classified as a felony or a misdemeanor. There are key differences between the two types of charges. At the Law Office of Jonathan M. Harvey, our Columbia criminal defense lawyer defends both felony offenses and misdemeanor offenses.
Felony Cases May Move Forward Through a Different Procedural Track
One of the most notable differences between felonies and misdemeanors in South Carolina emerges at the outset of the case. These charges tend to proceed through different procedural tracks. Felony cases typically originate in the General Sessions Court and require indictment by a grand jury unless waived. On the other hand, a misdemeanor offense may be prosecuted in Magistrate’s Court, Municipal Court, or General Sessions. That will depend on the severity of the specific charge. The difference matters because court jurisdiction affects discovery rights, motion practice, trial procedure, and appeal routes
Felony Offenses Have More Serious Penalties
The next big difference to know about is that felony offenses carry more serious penalties. That is not to say that a misdemeanor is not a big deal. However, all felonies in South Carolina carry the possibility of at least one year in state prison. Many felonies carry far more serious criminal consequences than that. It should be noted that South Carolina law assigns maximum penalties by statute, not by label alone. Still, felonies are more serious charges.
Felony Convictions Come With Severe Collateral Consequences and Long-Term Impact
Felony convictions carry significantly broader collateral consequences than misdemeanors. A felony record can impair voting rights, firearm possession, professional licensing, employment eligibility, and housing access. Certain felonies permanently bar firearm ownership under state and federal law. Misdemeanors may still create collateral consequences, but the scope is narrower and often offense specific. South Carolina does not automatically restore rights following a felony conviction. Given the severity of the offense, you should never plead guilty to a felony charge in South Carolina without first speaking to an experienced attorney. Your lawyer will protect your rights.
Felony Convictions are Far Harder to Get Expunged
Felonies are far more difficult to expunge or seal under South Carolina law. Many felony convictions are permanently ineligible for expungement. Misdemeanors, particularly first offenses or dismissed charges, may qualify for expungement if statutory conditions are met. However, even with a misdemeanor, the right to expungement is not guaranteed in South Carolina. If you have any questions about expungements, a top-rated South Carolina defense lawyer can help.
Contact Our Columbia, SC, Criminal Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our Columbia criminal defense lawyer handles both felony and misdemeanor cases. Facing a criminal charge? You need a top attorney. Contact us now for a fully confidential, no-obligation case review.