South Carolina Misdemeanor Classifications and Penalties

South Carolina sorts its misdemeanors into three classes — A, B, and C — with maximum jail sentences of three, two, and one year. A large share of common charges, including DUI and petit larceny, sit outside that grid as “exempt” misdemeanors whose penalties come straight from the statute that created the offense. The South Carolina misdemeanor classifications matter because they decide the ceiling on jail time, which court hears the case, and what collateral consequences follow a conviction.

How the Three Classes Work

S.C. Code §16-1-10(B) creates the three misdemeanor classes.¹ S.C. Code §16-1-20 sets the ceiling for each one:²

Class A: up to three years
Class B: up to two years
Class C: up to one year

Fines are not standardized by class. Each offense’s own statute sets its fine, so two Class A misdemeanors can carry very different financial penalties. Classification controls the maximum jail sentence and nothing more.

Two groups of offenses fall outside the A/B/C framework entirely. Under §16-1-10(C), any offense punishable by less than one year of imprisonment is a misdemeanor but exempt from classification.¹ Under §16-1-10(D), specific offenses — DUI among them — are exempt regardless of their penalty range. Both groups draw their penalties from the statute that created the offense.

In practice, this means many of the charges people think of as everyday misdemeanors — petit larceny, disorderly conduct, basic traffic violations — are not Class A, B, or C at all. The classified tiers mainly capture the more serious misdemeanors.

Class A Misdemeanors

Class A is the highest misdemeanor tier, carrying up to three years in jail.² Three years approaches low-level felony territory, and these cases are heard in the Court of General Sessions with full jury-trial rights.

Second-degree assault and battery is one of the most commonly charged Class A offenses. It applies when someone causes or could cause moderate bodily injury, or when there is nonconsensual touching of private areas. A conviction carries up to three years in jail, a fine of up to $2,500, or both.³

Domestic violence in the second degree also sits here. The charge applies when a household member suffers moderate bodily injury, when a person with a prior domestic violence conviction reoffends within ten years, when the offense occurs in a child’s presence, or when the offender restricts the victim’s breathing. Penalties run from $2,500 to $5,000 in fines, up to three years in jail, or both.⁴ A judge cannot go below the $2,500 fine floor.

Class B Misdemeanors

Class B caps imprisonment at two years.² These offenses sit in the middle — serious enough to allow more than a year behind bars at the high end, but short of Class A severity.

Because classification follows the maximum penalty set by each individual statute, any misdemeanor whose statute specifies imprisonment of “not more than two years” falls into Class B. The specific offenses are scattered across the state code, and fines vary from one statute to the next. Like all classified misdemeanors, Class B charges go to the Court of General Sessions rather than magistrate or municipal court.

Class C Misdemeanors

Class C misdemeanors carry a maximum of one year in jail.² The line here is precise. An offense with a maximum of exactly one year is Class C. An offense punishable by anything less than one year falls out of the classification system entirely and becomes exempt.

That split controls the courtroom. Class C offenses go to the Court of General Sessions, where defendants have the right to a full circuit-court jury trial. Most exempt misdemeanors stay in magistrate or municipal court, which has more limited jurisdiction.

Exempt (Unclassified) Misdemeanors

Most everyday misdemeanor charges in South Carolina are exempt rather than classified. Their penalties come directly from each offense’s own statute.¹

Common Exempt Offenses

Petit larceny — theft of property valued at $2,000 or less — carries a maximum fine of $1,000 or up to 30 days in jail. The statute assigns the offense to magistrate or municipal court.⁵ With a 30-day maximum, petit larceny sits well outside the classification system.

Disorderly conduct, which covers public intoxication, profane language in public, and discharging a firearm while intoxicated near a public road, carries a maximum fine of $100 or up to 30 days in jail.⁶

Malicious injury to personal property valued at $2,000 or less is punishable by up to $1,000 in fines or up to 30 days in jail, triable in magistrate or municipal court. If the damage tops $2,000, the charge jumps to a felony carrying up to five years in prison rather than a higher-class misdemeanor.⁷

DUI

Driving under the influence is specifically listed as exempt under §16-1-10(D). First-offense penalties scale with blood alcohol concentration rather than falling into a single sentencing range:

BAC under 0.10%: $400 fine or 48 hours to 30 days in jail
BAC of 0.10% to under 0.16%: $500 fine or 72 hours to 30 days in jail
BAC of 0.16% or higher: $1,000 fine or 30 to 90 days in jail

The minimum jail sentence cannot be suspended at any BAC level, although courts may substitute public service hours in some tiers. The fine cannot be suspended either, and a judge cannot drop it below the floor for the applicable BAC range.

The $2,000 Line Between Misdemeanor and Felony

South Carolina uses $2,000 as a dividing point in several property offenses. Below that amount, charges like larceny, malicious injury, and shoplifting are typically misdemeanors tried in magistrate or municipal court. Above it, most jump directly to felonies rather than moving up a misdemeanor tier.

For larceny, theft of property worth more than $2,000 but less than $10,000 is grand larceny, a felony carrying up to five years in prison.⁵ A handful of property offenses in the $2,000-to-$10,000 range remain misdemeanors, but the general rule pushes property crimes above $2,000 into felony territory. Stealing $3,000 worth of merchandise is not a bigger misdemeanor; it is a felony with very different consequences.

Which Court Hears a Misdemeanor

Magistrate courts have criminal jurisdiction over offenses carrying fines of $500 or less and jail terms of 30 days or less. Municipal courts share similar jurisdiction within their municipality.⁸ This covers most exempt misdemeanors, and some individual statutes explicitly grant these courts jurisdiction over specific offenses even when the penalties exceed the general limits.

Classified misdemeanors — Class A, B, and C — go to the Court of General Sessions, the criminal side of circuit court.⁸ Defendants in both court systems can request a jury trial.

Federal Firearms Ban for Domestic Violence Convictions

A domestic violence misdemeanor conviction triggers a federal firearms prohibition many defendants never hear about at sentencing. Under 18 U.S.C. §922(g)(9), anyone convicted of a qualifying misdemeanor crime of domestic violence is banned from possessing or purchasing any firearm or ammunition.⁹

The ban applies even if the conviction was not labeled “domestic violence.” What matters is whether the offense involved physical force or the threatened use of a deadly weapon against a spouse, former spouse, co-parent, cohabitant, or dating partner.¹⁰ South Carolina’s second-degree domestic violence charge meets this threshold.

For convictions involving spouses, co-parents, or cohabitants, the ban is permanent. For convictions involving dating partners, a narrow exception allows restoration after five years if the person has no subsequent qualifying convictions and is not otherwise prohibited from possessing firearms.¹⁰ Expungement or a pardon can lift the ban, but only if the expungement does not expressly restrict firearms possession.

Expungement by Class

South Carolina allows expungement of some misdemeanor convictions, but eligibility tracks closely with where the offense falls in the classification scheme. The main expungement statute is S.C. Code §22-5-910.

For convictions carrying a maximum penalty of no more than 30 days in jail or a fine of $1,000, you may apply three years after the conviction date, provided you have had no other convictions in that period.¹¹ That covers most exempt misdemeanors such as petit larceny and disorderly conduct. It does not apply to motor vehicle offenses at all, so DUI convictions cannot be expunged under this provision.

Third-degree domestic violence has a five-year waiting period.¹¹ First-offense simple possession of marijuana or certain other controlled substances can be expunged only if the defendant received a conditional discharge and completed all sentencing requirements.¹²

A few limits catch people off guard. You can only use this expungement provision once. Pending criminal charges block the application unless they have been pending for more than five years. “Conviction” includes guilty pleas, no-contest pleas, and forfeited bail, not just jury verdicts.¹¹ Higher-level classified misdemeanors carrying multi-year sentences face more limited expungement options and may require a pardon from the governor instead.

1
South Carolina Legislature. South Carolina Code 16-1-10 – Categorization of Felonies and Misdemeanors; Exemptions
2
South Carolina Legislature. South Carolina Code 16-1-20 – Penalties for Classes of Felonies
3
South Carolina Legislature. South Carolina Code Title 16 Chapter 3 – Section: 16-3-600
4
South Carolina Legislature. South Carolina Code Title 16 Chapter 25 – Section: 16-25-20
5
South Carolina Legislature. South Carolina Code Title 16 Chapter 13 – Section: 16-13-30
6
South Carolina Legislature. South Carolina Code 16-17-530 – Public Disorderly Conduct
7
South Carolina Legislature. South Carolina Code Title 16 Chapter 11 – Section: 16-11-510
8
South Carolina Legislature. Crime – Court Types, Cases Heard in Each, and Who Represents Prosecution and Defense
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
11
South Carolina Legislature. South Carolina Code 22-5-910 – Expungement of Criminal Records
12
South Carolina Judicial Branch. FAQ About Expungements and Pardons