South Carolina Felony Classes: Sentences, Parole, and 85% Rule

South Carolina sorts felonies into six lettered classes under Section 16-1-10 of the state code, running from Class A at the top to Class F at the bottom, with a separate “exempt” tier for offenses like murder that carry their own penalties.¹ The letter assigned to a charge sets the maximum prison sentence a judge can impose, while a separate “violent” or “non-violent” designation controls whether early release is possible.

Maximum Prison Sentences by Class

Section 16-1-20 ties each class to a single ceiling on prison time.² Judges can sentence anywhere below the ceiling but cannot exceed it for a classified offense.

Class A felony: up to 30 years
Class B felony: up to 25 years
Class C felony: up to 20 years
Class D felony: up to 15 years
Class E felony: up to 10 years
Class F felony: up to 5 years

These are maximums, not required sentences. A Class D conviction does not guarantee 15 years any more than a Class F conviction guarantees 5. The actual sentence depends on the facts, the defendant’s record, plea negotiations, and any mandatory minimum written into the specific offense statute.

One thing the classification system does not cover: fines. Section 16-1-20(C) states that the chapter does not apply to minimum sentences for fines or community service, so fine amounts live in the individual statute defining the offense rather than in the class-based table.² You cannot look up a general “Class D fine” — you have to read the crime.

Examples of Crimes in Each Class

Section 16-1-10 assigns hundreds of offenses to their classes. A sample from each makes the ceilings concrete.

Class A (Up to 30 Years)

The most serious lettered offenses. Class A includes kidnapping, attempted murder, voluntary manslaughter, first-degree criminal sexual conduct, armed robbery, first-degree arson, and carjacking resulting in great bodily injury.¹ Some second or subsequent drug trafficking convictions, such as trafficking cocaine or LSD in significant quantities, also reach this level.

Class B (Up to 25 Years)

Second-degree arson, assault and battery by mob in the second degree, detonating a destructive device causing injury, and certain first-offense drug trafficking charges (for example, trafficking 28 to 100 grams of cocaine) sit in Class B.³

Class D (Up to 15 Years)

Second-degree burglary, common law robbery, third-degree arson, trafficking in persons (first offense), and prison escape all fall here.⁴ Being an accessory after the fact to a Class A, B, or C felony is also a Class D offense.

Class E (Up to 10 Years)

Class E includes third-degree criminal sexual conduct, spousal sexual battery, first-degree assault and battery, stalking while a restraining order is in effect, third-degree burglary (second offense), and malicious injury to a place of worship.⁵ Second-degree burglary of a dwelling sits in Class E rather than Class D, which matters when charges turn on whether the building was a home.

Class F (Up to 5 Years)

The lowest lettered class still produces a permanent felony record and triggers firearm prohibitions along with other civil consequences. Treating a Class F charge as minor is a mistake, even though its ceiling is the shortest.

Exempt Felonies

Some crimes do not fit the lettered ladder. Section 16-1-10(D) carves out “exempt” felonies, where the penalty comes from the individual offense statute rather than the class-based table.¹

Murder is the clearest example: it can carry life imprisonment or the death penalty, sentences no lettered class accommodates. First-degree criminal sexual conduct with a minor also appears as exempt, along with certain kidnapping scenarios involving a murder sentence. The exempt tier lets the legislature attach mandatory minimums, life-without-parole options, or death-penalty eligibility without being boxed in by the 30-year Class A cap.

Violent vs. Non-Violent Classification

The letter is only half the picture. Section 16-1-60 contains a specific list of offenses that count as “violent,” and the statute is explicit that only offenses on that list qualify.⁶ Anything not named is non-violent by default, no matter how it sounds.

The list includes murder, attempted murder, first- and second-degree criminal sexual conduct, kidnapping, armed robbery, carjacking, drug trafficking, first- and second-degree arson, first-degree burglary, and domestic violence of a high and aggravated nature, among several dozen others.⁶ The designation controls parole eligibility, the 85% time-served rule, firearm restrictions, and other collateral consequences. Two defendants with identical Class D sentences can serve very different amounts of time depending on which side of this line their offense falls.

How Parole and the 85% Rule Change Actual Time Served

Whether someone can seek early release depends almost entirely on whether the offense is a “no parole” offense. Section 24-13-100 defines these, and anyone convicted of one is ineligible for parole.⁷ Instead, the person must serve at least 85% of the imposed sentence before becoming eligible for community supervision.⁸ Good-time and earned work or education credits can pull the sentence down from 100% toward 85%, but not below it. After the 85% threshold, the person moves to a community supervision program lasting up to two years.

For non-violent, parole-eligible offenses, the math is very different. An inmate becomes eligible for parole consideration after serving one-quarter of the total sentence, capped at ten years regardless of sentence length.⁹ If the Board of Paroles and Pardons denies parole, it reconsiders each year. The gap between 25% and 85% of a sentence is why the violent designation often matters more to real time served than the letter class does.

Repeat Offender Enhancements

South Carolina adds mandatory prison time when someone reoffends soon after release. Under Section 16-1-120, the enhancement applies to anyone previously convicted of a Class A, B, or C felony (or an exempt offense carrying 20 years or more) who commits another felony after leaving prison. The added time depends on how quickly the new offense follows release:¹⁰

Within 45 days of release: 5 years added
Within 90 days: 4 years added
Within 180 days: 3 years added
Within 270 days: 2 years added
Within 360 days: 1 year added

The added time cannot be suspended, reduced by good-behavior credits, or shortened through any early-release program. It must be served in full. If the maximum sentence for the new conviction is less than the enhancement, the enhancement is capped at that maximum, so a repeat offender convicted of a Class F felony within 45 days of release would receive 5 years total rather than 5 years on top of a 5-year cap.

Consequences Beyond Prison

A felony sentence is not the end of the cost. Several civil consequences continue after release.

Firearm Possession

Section 16-23-500 bars anyone convicted of a crime with a maximum sentence over one year from possessing a firearm or ammunition in South Carolina. Because every classified felony from A through F exceeds one year, the ban applies to all felony convictions. Violating it is itself a felony: up to 5 years for a first offense, up to 20 years with a 5-year mandatory minimum for a second, and up to 30 years with a 10-year mandatory minimum for a third.¹¹ The prohibition lifts only if the conviction is expunged or the person is pardoned, and only when the pardon or expungement does not specifically preserve the firearm bar.

Voting Rights

A felony conviction disqualifies a person from registering or voting while any part of the sentence is still being served, including probation and parole.¹² Restoration is automatic once the full sentence is complete, unless the conviction involved an election-law offense. No separate application or hearing is needed.

Expungement

Expungement for a South Carolina felony is limited. There is no general path to clear a felony from your record. The main option runs through the Youthful Offender Act: people between 17 and 25 convicted of non-violent Class D, E, or F felonies and sentenced under the Act can petition for expungement after five conviction-free years following completion of the full sentence, including probation or parole. This relief is available only once. Survivors of human trafficking may also seek expungement of a Class F felony if the court finds the offense was a direct result of being trafficked. Otherwise a felony conviction is permanent unless a pardon is granted.

1
South Carolina Legislature. South Carolina Code Section 16-1-10 – Categorization of Felonies and Misdemeanors; Exemptions
2
South Carolina Legislature. South Carolina Code of Laws Title 16 – Crimes and Offenses – Section 16-1-20
3
South Carolina Legislature. South Carolina Code of Laws Title 16 – Crimes and Offenses – Section 16-1-100
4
South Carolina Legislature. South Carolina Code of Laws Title 16 – Crimes and Offenses – Section 16-1-10
5
South Carolina Legislature. South Carolina Code Section 16-1-10 – Categorization of Felonies and Misdemeanors; Exemptions
6
South Carolina Legislature. South Carolina Code Section 16-1-60 – Violent Crimes Defined
7
South Carolina Legislature. South Carolina Code of Laws – Title 24 – Section 24-21-30
8
South Carolina Legislature. Sentencing Range Discussion
9
South Carolina Department of Probation, Parole and Pardon Services. Understanding Parole
10
South Carolina Legislature. South Carolina Code Section 16-1-120 – Increased Sentences for Repeat Offenders
11
South Carolina Legislature. South Carolina Code Section 16-23-500 – Unlawful Possession of a Firearm by a Person Convicted of Violent Offense
12
South Carolina Legislature. South Carolina Code Section 7-5-120 – Qualifications for Registration