Overview
What to Expect in South Carolina If You're Charged with Theft or Burglary
Theft and burglary charges in South Carolina range from a minor shoplifting citation to a serious felony carrying decades in prison. The distinction often comes down to the value of the property involved, whether a home or building was entered, and whether any aggravating factors — like a weapon or prior record — are present. Knowing what to expect can help you protect your rights and make informed decisions early.
The Arrest
Officers need probable cause to arrest you this can come from a store's loss-prevention report, a homeowner's complaint, physical evidence, or being caught in the act. Many theft and burglary cases begin as investigations before an arrest warrant is issued.
Once arrested:
- You will be read your Miranda rights.
- You will be searched and transported to a county detention center for booking.
- Do not resist arrest, even if you dispute the charge this can add separate offenses.
- Remain silent. Politely invoke your right to an attorney from the Roach Law Firm and say nothing else. Anything you say can be used against you.
Booking Process
At the jail, you will be:
- Pat-searched for weapons or contraband.
- Fingerprinted and photographed (mugshot).
- Have your personal property inventoried and stored.
- Issued jail clothing and a wristband.
- Held until your bond hearing.
Bond Hearing
You are generally entitled to a bond hearing within 24 hours. A magistrate judge decides on release and conditions, considering:
- Whether the charge is a misdemeanor (petit larceny) or felony (grand larceny, burglary)
- Criminal history, particularly prior property crime convictions
- Whether you are a flight risk
- Strength of the evidence
Burglary charges because every degree is a felony in South Carolina often carry higher bonds than simple theft charges, especially where a dwelling or a weapon is involved.
Court Process
Petit larceny (theft under $2,000) is typically handled in Magistrate or Municipal Court. Grand larceny and all degrees of burglary are felonies heard in General Sessions Court (Circuit Court). Common steps include:
- Arraignment: Formal charges are read; you usually plead “not guilty.”
- Discovery and Motions: Your attorney at Roach Law Firm reviews the evidence including surveillance footage, receipts, or witness statements and may challenge how the property’s value was determined or how evidence was obtained.
- Negotiation: Many first-time theft cases can be resolved through pretrial diversion, restitution agreements, or reduced charges.
- Trial or Plea: If the case isn’t resolved beforehand, it proceeds to trial, where the state must prove every element beyond a reasonable doubt.
Penalties for Assault Charges
South Carolina grades theft (larceny) primarily by the dollar value of the property taken (S.C. Code §16-13-30):
- Petit Larceny (property valued at $2,000 or less): Misdemeanor up to 30 days in jail and/or a $1,000 fine.
- Grand Larceny ($2,000–$10,000): Felony up to 5 years in prison.
- Grand Larceny (over $10,000): Felony up to 10 years in prison.
- Shoplifting: Penalties scale with the value of merchandise, and a store may also pursue a separate civil claim for damages beyond the criminal case.
Penalties for Burglary Charges
Every degree of burglary in South Carolina is a felony there is no misdemeanor burglary. Penalties depend on whether the location was a dwelling or a building, and whether aggravating factors (a weapon, injury to a victim, or nighttime entry) were present (S.C. Code §§16-11-311–313):
- Burglary, Third Degree: Entering a building (not a dwelling) with intent to commit a crime up to 5 years (first offense) or up to 10 years (second offense).
- Burglary, Second Degree (Non-Violent): Entering a dwelling with no aggravating factors up to 10 years.
- Burglary, Second Degree (Violent): Entering a building with an aggravating factor present up to 15 years, with parole eligibility only after serving at least one-third of the sentence.
- Burglary, First Degree: Entering a dwelling with an aggravating factor present a minimum of 15 years, up to life in prison.
Additional consequences:
- A felony record for any burglary conviction, regardless of degree
- Loss of firearm rights (felony convictions)
- Restitution obligations to the victim
- Civil liability, particularly in shoplifting cases
- Difficulty with employment, housing, and professional licenses
- Immigration consequences for non-citizens
Important Advice: Contact an experienced South Carolina criminal defense attorney immediately at Roach Law Firm.
We can:
1
Attend the bond hearing
2
Challenge how the value of the property was assessed
3
Investigate whether the search or arrest violated your rights
4
Negotiate restitution, diversion, or reduced charges where available
Early intervention matters the difference between a felony and a misdemeanor often comes down to details your attorney can challenge before the case moves forward.
Final Thoughts
Theft and burglary charges can carry consequences far beyond the courtroom, from a permanent felony record to years in prison. If you've been charged, stay calm, exercise your right to remain silent, and get legal representation from the Roach Law Firm right away. Outcomes depend heavily on the value involved, the circumstances of entry, your record, and how quickly you act.
Common Questions
DUI Defense FAQ
Quick answers to questions we hear most but every case is unique. Contact us for an assessment
specific to your situation.
What's the difference between petit larceny and grand larceny?
It comes down to the value of the property taken. $2,000 or less is petit larceny, a misdemeanor with up to 30 days in jail. Anything over $2,000 becomes grand larceny, a felony that can carry up to 5 or 10 years in prison depending on the amount.
If I return the item, will a shoplifting charge go away?
Not automatically returning the item doesn’t erase the criminal charge, though it can be a meaningful factor in negotiating a reduced charge or diversion, especially for first offenses. You may also still face a separate civil claim from the store regardless of the criminal outcome.
Can I be charged with burglary even if I didn't take anything?
Yes. Burglary is entering a building or dwelling without permission with the intent to commit a crime inside the crime doesn’t have to be completed, and nothing has to be stolen, for the charge to apply. In South Carolina, every degree of burglary is a felony.
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