Charleston Criminal Defense Attorneys

Class B Misdemeanors

Crimes under this category include, but are not limited to:

• Aiding escape from custody of officers (S.C. Code § 16-9-420)
• Use of a firearm while under the influence of alcohol or a controlled substance (S.C. Code § 23-31-400)
• Second-degree computer crime – second or subsequent violation (S.C. Code § 16-16-20)
• Use of altered or counterfeit tickets (S.C. Code § 12-21-2540)
• Cruelty to animals in one’s possession (S.C. Code § 47-1-50)

Class B misdemeanors may be punishable by incarceration.

Class C Misdemeanors

Crimes under this category include, but are not limited to:

• Accessory after the fact to a Class B misdemeanor (S.C. Code § 16-1-55)
• Hazing (S.C. Code § 16-3-530)
• Assault with a concealed weapon (S.C. Code § 16-3-610)
• Second-degree harassment (S.C. Code § 16-3-1710)
• Third-degree domestic violence (S.C. Code § 16-25-20)

Class C misdemeanors may be punishable by incarceration.

For detailed information about the particular crime you were charged with in or around Charleston and Summerville, including the level of offense and possible punishments, please speak with one of our criminal defense lawyers. We are here to help you understand the nuances of your case and clarify anything that may be unfamiliar to you.

South Carolina Criminal Justice Process

When you’re charged with a crime in Charleston, Summerville or the surrounding areas, your case must go through the South Carolina criminal justice process to be resolved.

The exact steps involved depend on the facts of the matter but generally will include the following:

• Alleged offense: The case begins when you are accused of violating a state law.
• Investigation: Law enforcement officials will be notified of the alleged crime and investigate to determine whether probable cause exists to make an arrest. To establish probable cause, investigators will gather evidence and speak with witnesses.
• Arrest: If sufficient evidence exists to believe you committed the alleged offense, police officers will take you into custody. During this part of the process, you will be booked, meaning an officer will get your personal information and take your photograph and fingerprints to input into the system.
• Bond hearing: Within 24 hours of your arrest, you will be scheduled for a bond hearing. The judge will determine whether you should be released from jail while your case is pending. They will consider various factors, including the severity of the offense and the likelihood of your fleeing before the matter is resolved. If they decide you should be granted pre-trial release, you might be required to pay to get out of jail and abide by certain conditions such as not contacting the alleged victim. Failing to comply with the terms may result in bail being revoked and your being returned to police custody.
• Preliminary hearing: You have the right to a preliminary hearing, but you must request it within 10 days of your bond hearing. At the preliminary hearing, the prosecutor must prove that probable cause existed to arrest you.
• First appearance: The first appearance happens within 45 days of your arrest. The judge will advise you of your rights, ensure you have a Charleston criminal defense attorney, and ask basic questions.
• Second appearance: At your second appearance, the judge will ask whether you plead guilty or not guilty to the alleged offense. You and your criminal lawyer in Charleston, SC, might have negotiated a plea bargain with the prosecutor, where you agree to plead guilty in exchange for dismissed or dropped charges or a lesser sentence.
• Trial: If you did not negotiate a plea bargain and you plead not guilty, your case will go to trial. The prosecutor and your defense attorney will present evidence to support their arguments. A judge or jury will decide whether you are guilty or not guilty.
• Sentencing: If you are convicted of the crime – either through a guilty plea or verdict – you will be sentenced. The penalties imposed will depend on the facts of the case and can include imprisonment, fines, and other sanctions.
• Appeal: If a legal error occurred affecting the outcome of your case, you may be able to appeal the decision or sentence. A higher court will review the trial court's record to determine whether remedy is warranted.

Throughout the criminal process, you have Constitutional rights protecting you from unjust treatment.

For instance, you have the right to:

• Know the charges against you,
• Remain silent,
• Obtain legal counsel,
• Contact a responsible person and let them know you’ve been arrested,
• Be free from excessive bail, and
• Have a public and speedy trial.

At Thurmond Kirchner & Timbes, P.A., our criminal defense lawyers in Charleston and Summerville can discuss the steps your specific case is likely to go through. We will also work to ensure that your rights are protected and address any violations that may have occurred.

If you’ve been accused of a crime, contactour criminal defense lawyers at (843) 790-0083. We are eager to help resolve your legal matters in Charleston, Summerville, and the surrounding areas.