Charged with a Felony in SC? Here’s What to Expect | Okoye Law

If you’re reading this, chances are you or someone you care about is facing one of the most stressful experiences imaginable – being charged with a felony in South Carolina. As criminal defense attorneys who have helped countless clients handle this difficult situation, we want you to know that you’re not alone.

More importantly, we want to arm you with knowledge about the legal journey ahead and the potential consequences so you can make informed decisions and protect your rights every step of the way.

Felony Classifications and Penalties in South Carolina

In South Carolina, felonies are categorized into six classes, each carrying different ranges of penalties:

• Class A felonies (e.g., murder): Up to 30 years in prison
• Class B felonies (e.g., first-degree burglary): Up to 25 years in prison
• Class C felonies (e.g., armed robbery): Up to 20 years in prison
• Class D felonies (e.g., voluntary manslaughter): Up to 15 years in prison
• Class E felonies (e.g., second-degree burglary): Up to 10 years in prison
• Class F felonies (e.g., possession with intent to distribute): Up to 5 years in prison

In addition to prison time and hefty fines, a felony conviction carries severe collateral consequences that can impact nearly every aspect of your life long after you’ve served your sentence. These include:

• Loss of voting rights
• Ineligibility for certain professional licenses
• Difficulty finding employment and housing
• Loss of gun ownership rights
• Ineligibility for government assistance programs
• Deportation for non-U.S. citizens

As you can see, the stakes are incredibly high when you’re facing felony charges. That’s why it’s crucial to have an experienced criminal defense attorney by your side who can fight to protect your freedom, your future, and your rights.

The Arrest and Booking: Your Entry into the Criminal Justice System

Your journey begins at the moment law enforcement slaps on the handcuffs and utters those chilling words: “You’re under arrest.” After you’re taken into custody, you’ll be transported to jail for booking – a process that involves having your fingerprints and mugshot taken.

Depending on the severity of the alleged offense, you may be held in jail until your first court appearance or released if you can post bail.

Pro tip: If bail is set too high, a skilled attorney may be able to argue for a reduction at your bond hearing.

First Appearance and Preliminary Hearing: Your Chance to Challenge Probable Cause

Within 24 hours of arrest, you’ll face a magistrate judge who will formally advise you of your rights and the charges against you. If you haven’t bonded out, a preliminary hearing must be held within 10 days, where the prosecution must show probable cause for the case to move forward. This is a critical stage where your lawyer can cross-examine witnesses and poke holes in the evidence. A successful challenge to probable cause could result in the dismissal of the charges.

Grand Jury Indictment: The Formal Accusation

For a felony case to proceed, a grand jury must find sufficient evidence to issue an indictment, a formal accusation of the crime. While neither you nor your attorney can be present for grand jury proceedings, an indictment will trigger the next stage: arraignment in the Court of General Sessions.

Arraignment and Pretrial Proceedings: Building Your Defense Strategy

At arraignment, you’ll enter a plea of guilty or not guilty. A not-guilty plea sets your case on the path to trial. Between arraignment and trial, your attorney will dive deep into the evidence, file strategic motions to suppress illegally obtained evidence or dismiss the charges, and potentially negotiate with the prosecutor to seek a favorable plea deal. The groundwork laid in the pretrial phase is crucial to the outcome of your case.

Trial: Your Day in Court

If your case isn’t resolved through dismissal or a plea, it will proceed to a jury trial where twelve of your peers must unanimously find you guilty beyond a reasonable doubt to convict. This is where having a battle-tested trial attorney can make all the difference. Your lawyer will vigorously challenge the prosecution’s case, present evidence in your defense, and fight for a not-guilty verdict.

Sentencing and Appeals: Mitigating Penalties and Fighting for Justice

If you’re convicted, your lawyer’s job isn’t over. At sentencing, your attorney will argue passionately for the lowest possible penalty within the felony classification and explore alternative sentencing options to minimize the impact on your life. If there were legal errors in your case, you have the right to appeal the conviction and seek justice from a higher court.

Don’t Let a Felony Conviction Destroy Your Life – Call Okoye Law

Facing felony charges is undoubtedly one of the most terrifying and overwhelming experiences a person can go through. The consequences of a conviction are severe, life-altering, and far-reaching. That’s why it’s absolutely essential to have a knowledgeable, aggressive criminal defense attorney fighting for you at every turn.

At Okoye Law, we understand what’s at stake and are committed to providing the relentless, client-focused representation you need in this difficult time. If you’re facing felony charges in South Carolina, don’t face the criminal justice system alone. Contact us today for a consultation and put our experience to work for you.