A Felony Charge Can Change Everything—But It Does Not Decide the Outcome.
A felony arrest can bring immediate questions about bond, court, employment, family, and the possibility of a prison sentence. But the severity of the charge does not relieve the State of its burden to prove the case.
Sharpe & Leventis, LLC represents people facing serious criminal charges in Columbia and surrounding South Carolina communities.
We examine how the investigation began, what evidence supports the charge, how that evidence was obtained, what witnesses actually know, and whether the facts satisfy every element of the felony alleged.
How Are Felonies Classified in South Carolina?
State law classifies many felony offenses into six sentencing categories, from Class A through Class F. Some crimes are separately listed as exempt from the classification system and carry penalties established by their individual statutes.
For classified felonies, the statutory maximum terms are:
| Felony Class | Maximum Imprisonment |
|---|---|
| Class A | 30 years |
| Class B | 25years |
| Class C | 20 years |
| Class D | 15 years |
| Class E | 10 years |
| Class F | 5 years |
These are classification maximums. The actual sentencing exposure for a particular charge can depend on the specific statute, prior convictions, mandatory minimum provisions, enhancements, and other circumstances.
That is why the first question after a felony arrest should not simply be
“Is this a felony?” It should be
“What exactly am I charged with, and what does that statute require?”
Not Every Felony Is a “Violent Crime” Under South Carolina Law
South Carolina has a specific statutory list of offenses classified as violent crimes. Only offenses listed in that statute are considered violent for that legal definition; offenses not specifically listed are treated as nonviolent for purposes of the classification.
The violent-crime list includes certain offenses such as:
- Attempted murder
- Armed robbery
- ABHAN
- Kidnapping
- First-degree burglary
- Certain second-degree burglary offenses
- Drug trafficking
- First-degree domestic violence
- Domestic Violence of a High and Aggravated Nature
- Certain other serious offenses
A charge being a
felony and a charge being legally classified as
violent are therefore separate questions. That distinction can affect how the case is evaluated and the consequences associated with a conviction.
Felony Charges We Defend
Felony Assault Charges
Certain assault and battery offenses—including Assault and Battery of a High and Aggravated Nature and first-degree assault and battery—are felony offenses.
Felony Domestic Violence
First-degree domestic violence and Domestic Violence of a High and Aggravated Nature carry felony exposure under South Carolina law.
Drug Distribution and Trafficking
Drug quantity, substance type, prior convictions, and the conduct alleged can elevate a drug case to felony PWID, distribution, or trafficking charges.
Burglary and Serious Property Crimes
Certain burglary and property offenses are felonies, with the degree and potential punishment depending on factors such as the property involved, circumstances of entry, and other statutory elements.
Felony DUI
A DUI can become a felony when the statutory requirements are met and great bodily injury or death results.
Other General Sessions Felony Charges
The firm can evaluate other serious South Carolina criminal allegations based on the charge, evidence, and circumstances.
What Happens After a Felony Arrest in South Carolina?
Most serious felony cases move through South Carolina’s
Court of General Sessions, the criminal division of the Circuit Court. The exact path depends on the case, but several stages commonly matter.
Bond
After an arrest, the court may address whether the accused can be released while the case is pending and what conditions will apply.
Depending on the offense, bond may be handled by a magistrate or require a Circuit Court judge.
Preliminary Hearing
A person charged with an offense not triable in magistrate court generally must be notified of the right to request a preliminary hearing.
Under South Carolina Rule of Criminal Procedure 2, the request generally must be made within 10 days after notice.
The hearing is limited to determining whether sufficient probable cause exists to warrant detention and trial. If a grand jury indicts the defendant before the hearing occurs, the preliminary hearing will not be held.
General Sessions Proceedings
If the case proceeds, the defense may review discovery, conduct its own investigation, file appropriate motions, address evidentiary issues, negotiate with the prosecution, and prepare for trial.
Trial
If the case is not otherwise resolved, the State must prove the charged offense beyond a reasonable doubt at trial.
A felony charge may be serious, but the burden of proof does not change simply because the accusation carries a severe potential sentence.
What Issues May Be Important in a Felony Defense?
There is no universal “felony defense.” The strategy depends on the offense and the facts.
Whether the State Can Prove Every Element
The prosecution must establish the specific elements of the charge—not simply show that something suspicious or harmful occurred.
Identification
Some cases turn on whether witnesses, video, forensic evidence, or other information reliably identifies the accused as the person responsible.
Searches and Seizures
Drug, weapons, and property cases may raise constitutional questions about traffic stops, warrants, homes, vehicles, phones, and other searches.
Statements to Police
The circumstances surrounding questioning, admissions, or alleged confessions can become important.
Intent or Knowledge
Some felony offenses require proof of a specific mental state. The facts may support one version of events without proving the intent required for the charged offense.
Self-Defense or Justification
In qualifying violent-crime allegations, the evidence may raise issues of self-defense or other legally justified conduct.
The Degree or Level of the Charge
Sometimes the dispute is not simply whether conduct occurred, but whether the evidence supports the
particular felony degree the State chose to charge.
How Sharpe & Leventis Approaches a Felony Case
01
We Start With the Charge and the Statute
We identify exactly what offense has been alleged, its elements, classification, and the potential consequences tied to that charge.
02
We Reconstruct the Investigation
We look at how police developed the case, who provided information, what was searched, what was seized, and what happened before the arrest.
03
We Test the Evidence
Witness statements, video, forensic evidence, digital records, physical evidence, and police reports should be evaluated against each other—not accepted individually at face value.
04
We Identify the Legal Issues
Search-and-seizure questions, statements, identification, intent, self-defense, evidentiary weaknesses, or the degree charged may affect the strategy.
05
We Prepare for General Sessions
Serious felony cases can require motion practice, negotiation, detailed investigation, and trial preparation. The approach should reflect the stakes from the beginning.
Frequently Asked Questions
What is considered a felony in South Carolina?
South Carolina classifies many felony offenses from Class A through Class F and separately exempts certain crimes from that classification system. The particular statute determines whether an offense is a felony and what punishment applies.
Are all felonies violent crimes in South Carolina?
No. South Carolina has a specific statutory list defining violent crimes. Only offenses specifically enumerated in §16-1-60 are treated as violent under that definition.
Where are felony cases handled in South Carolina?
Serious state criminal cases are generally handled in the Court of General Sessions, the criminal division of South Carolina Circuit Court.
Can I request a preliminary hearing after a felony arrest?
For qualifying charges, yes. South Carolina Rule of Criminal Procedure 2 generally requires a request within 10 days after notice of the right to a preliminary hearing. The hearing may not occur if the defendant is indicted beforehand.
Can a felony charge be reduced or dismissed?
Potentially, but no result can be guaranteed. The outcome may depend on the evidence, legal issues, degree charged, witness credibility, negotiations, motions, and prosecutorial decisions.
Contact Our Columbia Law Firm for a Free Consultation Today.
The charge may be serious, but the State’s case still has to be proven. Put the evidence, the investigation, and the accusations under scrutiny now.