Question 1

What is the statute of limitations for criminal defense in South Carolina?

Accepted Answer

South Carolina has no statute of limitations for any criminal offense — felony or misdemeanor. This is one of only 2 states (with Wyoming) with no limitations for any crime. The only defense is "oppressive" pre-indictment delay causing actual prejudice to the defense. (SC common law (no statutory limitation))

Question 2

What is South Carolina's law on felony classification?

Accepted Answer

Class A: up to 30 years. Class B: up to 25 years. Class C: up to 20 years. Class D: up to 15 years. Class E: up to 10 years. Class F: up to 5 years. Many serious offenses (murder, armed robbery, drug trafficking) carry specific statutory penalties that override class maximums. (S.C. Code Ann. §§ 16-1-10, 16-1-20)

Question 3

What is South Carolina's law on death penalty?

Accepted Answer

South Carolina retains the death penalty. Three methods: electrocution (default), lethal injection, and firing squad (added 2021). If the condemned does not elect a method within 14 days before execution, electrocution is the default. Executions resumed September 2024. (S.C. Code Ann. § 16-3-20)

Question 4

What is South Carolina's law on expungement?

Accepted Answer

Eligible: first-offense misdemeanors, youthful offender convictions, dismissed/acquitted charges, and certain first-offense drug possession. Applications go through the Solicitor's Office. Effect: restores person to pre-arrest status — no perjury for failing to disclose expunged records. (S.C. Code Ann. § 17-22-910 et seq.)

South Carolina Criminal Defense Laws

Statute of Limitations

Key South Carolina Statutes

Official Sources

Not Legal Advice

Other South Carolina Laws