Do I Need a Lawyer for a Misdemeanor or Felony in South Carolina?

If you or a loved one has been arrested in South Carolina, one of the first questions you may have is: “Do I really need a lawyer?” Whether you’re facing a misdemeanor or a felony, the short answer is yes—and here's why.

What’s the Difference Between a Misdemeanor and a Felony?

South Carolina classifies criminal charges into misdemeanors and felonies.

Misdemeanors can still carry up to three years in prison and may result in a permanent criminal record
Felonies are more serious and may result in longer prison terms, hefty fines, and long-term consequences like losing your right to own a firearm or vote

Even a “minor” charge can have major consequences for your freedom, job, or reputation.

Why You Need a Criminal Defense Lawyer—Even for a Misdemeanor

Many people make the mistake of thinking they can handle a misdemeanor on their own or plead guilty to "just get it over with." Unfortunately, this can lead to permanent criminal records, immigration problems, license suspensions, or job loss.

Hiring an experienced criminal defense attorney means you’ll have someone who:

Knows the local courts, prosecutors, and procedures
Can negotiate for dismissal, reduction, or diversion
Will protect your rights at every stage
Can prepare your case for trial if necessary

What if You Don’t Have a Prior Record?

Many people think that not having a prior record means they may not need a lawyer. For many of the most common case types we see, including DUI, Domestic Violence, and Exploitation charges, the lack of a prior record frequently isn't considered as significantly by the prosecutor as you might think. While it can help prevent charges from being enhanced (such as avoiding a 2nd or 3rd offense designation), and it may reduce the likelihood of receiving a maximum sentence, it’s no guarantee that a prosecutor won’t still seek a conviction, jail time, probation, or other serious consequences. For this reason, it’s still critically important for someone without a prior criminal history to retain counsel. It’s worth fighting to try to keep your clean record clean.

A Criminal Charge Can Affect Your Job—Even Before a Conviction

South Carolina is an employment-at-will state, which means that—unless you have a specific contract stating otherwise—an employer can fire or refuse to hire you for virtually any reason, including an arrest or pending charge. Even something relatively minor like a shoplifting or marijuana possession charge can result in termination, lost job offers, or failed background checks. In today’s competitive job market, keeping your record clean is essential to protecting your career and reputation.

Felony Charges: The Stakes Are Even Higher

Felonies in South Carolina are prosecuted in General Sessions Court and may include charges such as:

Drug trafficking
Burglary or robbery
Assault and battery of a high and aggravated nature (ABHAN)
Criminal sexual conduct
White-collar crimes like embezzlement
Sexual Exploitation of a Minor
Other General Sessions-level offenses

Felony convictions can lead to prison time, long-term probation, sex offender registration, and more. If you’re under investigation or have already been arrested, now is the time to act.

You Have the Right to Remain Silent—Use It

Before speaking to police or investigators, speak to a lawyer. Anything you say can and will be used against you. You are not required to give a statement or cooperate in an investigation without legal counsel.