Charges and sentences
Felony and misdemeanor classes in South Carolina
South Carolina sorts felonies into Classes A through F and misdemeanors into Classes A through C, based on the longest sentence allowed. Murder and many other serious offenses are exempt from the classes and set their own penalties.1
Checked October 29, 2026 against South Carolina's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- South Carolina's sentencing law has no one-sentence definition of a felony. It sorts felonies into six classes, and says offenses with a term of imprisonment of less than one year are misdemeanors that sit outside the class system.1
- Felony theft starts at
- More than $2,000How theft is graded
- When a DUI is a felony
- A fourth or later DUI within 10 years is classified as a Class F felony, with 1 to 5 years in prison (up to 6 or 7 years at higher alcohol levels). A third DUI is classified as a Class A misdemeanor, even though it carries 60 days to 3 years (up to 4 or 5 years at higher alcohol levels). The DUI statute itself does not use the word felony; the label comes from the state's crime classification list.2
Felony classes in South Carolina
From most to least serious: Class A, Class B, Class C, Class D, Class E, Class F. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | The law |
|---|---|---|
| Class A felony | Up to 30 years | S.C. Code § 16-1-20(A)1 |
| Class B felony | Up to 25 years | S.C. Code § 16-1-20(A)1 |
| Class C felony | Up to 20 years | S.C. Code § 16-1-20(A)1 |
| Class D felony | Up to 15 years | S.C. Code § 16-1-20(A)1 |
| Class E felony | Up to 10 years | S.C. Code § 16-1-20(A)1 |
| Class F felony | Up to 5 years | S.C. Code § 16-1-20(A)1 |
Misdemeanor classes in South Carolina
| Class | Jail | The law |
|---|---|---|
| Class A misdemeanor | Up to 3 years | S.C. Code § 16-1-20(A)1 |
| Class B misdemeanor | Up to 2 years | S.C. Code § 16-1-20(A)1 |
| Class C misdemeanor | Up to 1 year | S.C. Code § 16-1-20(A)1 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Exempt offenses | Set by each offense's own statuteMurder, fentanyl-induced homicide (added to the list in 2025), burglary in the first degree, first-degree criminal sexual conduct with a minor and many other offenses are listed as exempt. | S.C. Code § 16-1-10(D)1 |
Good to know
The class statute sets only the longest sentence for each class. It does not set a fine for the classes.1
A felony or misdemeanor that was not assigned a class is punished as it was before the classification system began. New offenses created after July 1, 1993 are classified by their maximum prison term.1
The state's classification lists put a fourth or later DUI among Class F felonies and a third DUI among Class A misdemeanors. The DUI statute itself does not use the word felony.1
When theft is a felony in South Carolina
Larceny of property worth more than $2,000 is grand larceny, a felony: up to 5 years if the value is under $10,000, and up to 10 years at $10,000 or more. At $2,000 or less it is petit larceny, a misdemeanor.3
DUI in South Carolina
South Carolina calls it driving under the influence (DUI). A separate offense, driving with an unlawful alcohol concentration of 0.08% or more, has its own section (§ 56-5-2933) with similar penalties.
- Repeat offenses
- A fourth or later DUI within 10 years is classified as a Class F felony, with 1 to 5 years in prison (up to 6 or 7 years at higher alcohol levels). A third DUI is classified as a Class A misdemeanor, even though it carries 60 days to 3 years (up to 4 or 5 years at higher alcohol levels). The DUI statute itself does not use the word felony; the label comes from the state's crime classification list.
- Which past offenses count
- 10 years. Only violations within the 10 years before the latest violation count as earlier offenses. Earlier DUI or unlawful alcohol concentration offenses, including under another state's law, count.
- Other felony versions
- Felony DUI applies when a driver under the influence causes great bodily injury (30 days to 15 years) or death (1 to 25 years) to another person.
S.C. Code §§ 56-5-2930, 56-5-2945, 16-1-90(F), 16-1-100(A)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in South Carolina?
South Carolina's sentencing law has no one-sentence definition of a felony. It sorts felonies into six classes, and says offenses with a term of imprisonment of less than one year are misdemeanors that sit outside the class system.
What is a Class A felony in South Carolina?
In South Carolina, the prison range for a Class A felony is up to 30 years.
What is a Class B felony in South Carolina?
In South Carolina, the prison range for a Class B felony is up to 25 years.
What is a Class C felony in South Carolina?
In South Carolina, the prison range for a Class C felony is up to 20 years.
What is a Class D felony in South Carolina?
In South Carolina, the prison range for a Class D felony is up to 15 years.
What is a Class E felony in South Carolina?
In South Carolina, the prison range for a Class E felony is up to 10 years.
What is a Class F felony in South Carolina?
In South Carolina, the prison range for a Class F felony is up to 5 years.
What is a Class A misdemeanor in South Carolina?
In South Carolina, the jail range for a Class A misdemeanor is up to 3 years.
What is a Class B misdemeanor in South Carolina?
In South Carolina, the jail range for a Class B misdemeanor is up to 2 years.
What is a Class C misdemeanor in South Carolina?
In South Carolina, the jail range for a Class C misdemeanor is up to 1 year.
How much theft is a felony in South Carolina?
Larceny of property worth more than $2,000 is grand larceny, a felony: up to 5 years if the value is under $10,000, and up to 10 years at $10,000 or more. At $2,000 or less it is petit larceny, a misdemeanor.
Is a DUI a felony in South Carolina?
A fourth or later DUI within 10 years is classified as a Class F felony, with 1 to 5 years in prison (up to 6 or 7 years at higher alcohol levels). A third DUI is classified as a Class A misdemeanor, even though it carries 60 days to 3 years (up to 4 or 5 years at higher alcohol levels). The DUI statute itself does not use the word felony; the label comes from the state's crime classification list. Felony DUI applies when a driver under the influence causes great bodily injury (30 days to 15 years) or death (1 to 25 years) to another person.
These are the general ranges in South Carolina's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Felony and misdemeanor classes in South Carolina" https://secondchanceindex.com/felony-classes/south-carolina, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.