Property Crime Charges Can Be More Serious Than They Sound
A property crime accusation may begin with something as simple as disputed ownership, merchandise allegedly taken from a store, damaged property, or money someone says should have been returned.
But the resulting charge can range from a lower-level misdemeanor to a felony carrying years of potential imprisonment.
Sharpe & Leventis, LLC represents people facing property crime charges in Columbia and surrounding South Carolina communities.
We examine what allegedly happened, who owned or controlled the property, its value, what the State says you intended or knew, and whether the evidence actually supports the offense charged.
Property Crimes We Defend
South Carolina does not have one single offense called “property crime.” Different statutes apply depending on what the State alleges occurred.
Petit and Grand Larceny
Larceny generally involves the unlawful taking of another person’s personal property. South Carolina currently divides general larceny primarily according to value:
- Property worth $2,000 or less is generally petit larceny, a misdemeanor punishable by up to 30 days in jail or a fine of up to $1,000.
- Property worth more than $2,000 but less than $10,000 can support felony grand larceny carrying up to five years.
- Property worth $10,000 or more can carry up to 10 years.
The alleged value can therefore become an important part of both the charge and defense.
Receiving Stolen Goods
Someone does not have to be accused of personally stealing property to face a criminal charge involving it.
South Carolina makes it unlawful to buy, receive, or possess property when the person knows or has reason to believe it is stolen. The penalties depend in part on the value of the property.
These cases can raise an important question:
What evidence shows the accused actually knew—or had reason to believe—the property was stolen?
Malicious Injury to Property
Property crime charges can also involve allegations that someone intentionally damaged another person’s property.
South Carolina separately addresses malicious injury to personal and real property. Under current law, the classification can depend on the value of the damage or loss:
- $2,000 or less: misdemeanor
- More than $2,000 but less than $10,000: felony carrying up to five years
- $10,000 or more: felony carrying up to 10 years
The statute requires the conduct to be
willful and malicious, making intent important.
Breach of Trust With Fraudulent Intent
Not every property case involves taking something from a stranger.
Breach of trust charges can arise when property or money was initially entrusted to someone, but the State alleges it was later handled with fraudulent intent.
South Carolina treats breach of trust with fraudulent intent as a form of larceny, with the potential level of the charge tied to the amount involved.
Obtaining Property by False Pretenses
A person can also face charges when the State alleges money or property was obtained through a false representation made with the intent to cheat or defraud.
Like several other South Carolina property offenses, the potential classification changes at the
$2,000 and $10,000 value thresholds.
Forgery
Forgery may involve falsely creating, altering, or using certain writings or instruments with intent to defraud.
South Carolina law can classify forgery involving a monetary amount as a felony, with the potential maximum sentence affected by whether the amount reaches $10,000.
Burglary and Shoplifting Have Their Own Rules
Burglary
South Carolina recognizes
first-, second-, and third-degree burglary. At its core, burglary can involve entering a dwelling or building without consent with the intent to commit a crime inside, but the degree changes based on factors such as the type of property, nighttime entry, prior burglary history, weapons, and injury.
Shoplifting
Shoplifting can include more than simply walking out of a store with merchandise. South Carolina’s statute also covers certain conduct involving price tags, merchandise transfers, and containers when done with the required intent.
The potential charge ranges from a misdemeanor for merchandise valued at $2,000 or less to felony offenses at higher values.
Property Value Can Change the Charge—But the Rules Are Not Identical
One useful pattern appears throughout South Carolina property-crime law: value matters.
The $2,000 and $10,000 thresholds appear in several statutes, including general larceny, shoplifting, malicious injury to property, breach of trust, and false pretenses.
But those statutes do not all classify the middle range the same way. For example:
- Grand larceny involving more than $2,000 but less than $10,000 is a felony carrying up to five years.
- Shoplifting in that value range is also a felony carrying up to five years.
- Receiving stolen goods valued above $2,000 but below $10,000, however, is currently classified as a misdemeanor carrying up to three years.
What Does the State Have to Prove?
The required elements depend on the specific property offense, but several issues commonly become important.
Intent
Was the conduct intentional? Did the State have to prove an intent to steal, defraud, damage property, or commit another crime?
An accident, misunderstanding, or contractual disagreement does not automatically establish criminal intent.
Knowledge
For offenses such as receiving stolen goods, the State must address whether the accused knew or had reason to believe the property was stolen.
Ownership and Control
Who owned the property? Who possessed it? Who had access to the vehicle, room, account, merchandise, or other location involved? These questions can become particularly important when multiple people had access.
Property Value
Receipts, appraisals, replacement-cost information, condition, and other evidence may become relevant when value changes the classification of the offense.
Identity
Surveillance footage or a witness accusation may identify someone as responsible—but identification evidence still has to be examined for reliability.
A property crime defense should begin with the elements of the
specific charge, not simply with the fact that property was allegedly lost or damaged.
What If the Property Was Found in a Shared Vehicle or Home?
Possession can become complicated when several people have access to the same location. If allegedly stolen property is found in a:
- Shared vehicle
- Apartment
- House
- Bedroom used by more than one person
- Storage area
- Bag or container
- Common space
The investigation should ask what actually connects the accused to that property. Relevant questions may include:
Who Owned or Controlled the Location?
Being present in a house or vehicle does not necessarily establish ownership of everything inside it.
Where Exactly Was the Property Found?
An item in someone’s personal bag can present a different evidentiary question from something located in a common area.
What Evidence Shows Knowledge?
For receiving-stolen-goods allegations, possession alone is not the only question. The statute specifically focuses on whether the person knew or had reason to believe the property was stolen.
What Did Each Person Say?
Statements from occupants, witnesses, owners, and law enforcement can affect how the State builds its theory.
What If the Property Was Returned or Paid For?
Returning property, paying restitution, or resolving a financial disagreement can be important—but it does not necessarily erase a criminal charge once law enforcement or prosecutors are involved.
The criminal case concerns whether the State can prove that the offense occurred at the relevant time.
At the same time, later events may still become relevant to how a case is evaluated or resolved depending on the charge and circumstances.
Do not assume either that repayment automatically ends the case or that there is no value in addressing the alleged loss. The specific situation should be reviewed first.
How Sharpe & Leventis Approaches a DUI Case
01
We Identify What the State Is Actually Alleging
Larceny, receiving stolen property, malicious injury, fraud-related allegations, burglary, and shoplifting require different legal analyses.
02
We Follow the Property
We examine where the property came from, who owned it, who had access to it, where it was found, and what happened afterward.
03
We Examine Intent and Knowledge
A disputed transaction or possession of property is not necessarily the same thing as criminal intent.
We look at what evidence the State says proves the required state of mind.
04
We Test the Value
When property value determines whether the charge is a misdemeanor or felony—or changes potential punishment—we look closely at how that value was established.
05
We Review How Evidence Was Obtained
Vehicle searches, home searches, warrants, cellphone evidence, statements, and seized property may create separate constitutional or evidentiary issues.
06
We Build Around the Actual Evidence
The defense should reflect the charge and facts, whether that means challenging identification, ownership, intent, value, knowledge, search issues, or another part of the State’s case.
Frequently Asked Questions
Is a property crime automatically a felony in South Carolina?
No. Property offenses may be misdemeanors or felonies depending on the particular charge, property value, and other statutory circumstances. General larceny, for example, is ordinarily a misdemeanor at $2,000 or less and a felony above that amount.
What is the difference between petit larceny and grand larceny?
Under current South Carolina law, general larceny involving property valued at $2,000 or less is petit larceny. Property valued above $2,000 is generally grand larceny, with a higher maximum sentence when the value reaches $10,000.
Can I be charged with receiving stolen property if I did not steal it?
Yes. South Carolina has a separate offense for buying, receiving, or possessing stolen property when the person knows or has reason to believe it was stolen. No conviction of the person who originally stole the property is required.
Is vandalism a crime in South Carolina?
Conduct commonly called vandalism may be charged under South Carolina’s malicious-injury-to-property statutes. The offense requires willful and malicious damage, and the potential classification depends in part on the value of the damage or loss.
Can property value be challenged?
Potentially. Because value can determine the classification and sentencing exposure for many property offenses, the evidence used to establish value may be important to review.
Contact Our Columbia Law Firm for a Free Consultation Today.
A property crime charge does not tell the whole story.
Sharpe & Leventis, LLC looks closely at the evidence, the circumstances, and what the State can actually prove.