How Prior Convictions Affect Theft Charges
Most people assume that a minor theft charge is accompanied by minor penalties. In South Carolina, that assumption can be dangerously wrong. Under the state’s property crime enhancement law, a person with just two prior convictions can face up to 10 years in prison for a third offense. Understanding how this law works is crucial if you or a loved one has any theft-related history and is now facing a new charge. Thankfully, our theft charges lawyer in Anderson, SC, can help you fight the charges or negotiate a plea deal to help you get the least amount of time behind bars.
SC Code §16-1-57
South Carolina’s property crime enhancement law (codified as SC Code §16-1-57) covers any property crime where the punishment depends on the dollar value of what was taken. Crimes that pertain include larceny, shoplifting, breach of trust with fraudulent intent, and receiving or possessing stolen goods. Under this law, if someone is convicted of a qualifying property crime and has two prior qualifying convictions, the new offense must be punished as a Class E felony, which has a maximum sentence of 10 years in prison. This applies regardless of how minor the third offense was.
The “Third Strike” Problem
Two prior convictions for qualifying property crimes turn a third offense into a felony automatically, no matter how small the value of the property involved. This can be a surprise to people, with a person being sentenced to 10 years in prison for stealing a low-level item from a store (even something as minor as a candy bar) if they have two or more prior convictions for similar offenses. There’s no minimum dollar threshold that must be met for the felony enhancement to apply once someone has two qualifying priors.
Your Prior Convictions Don’t Have to Match the New Charge
One of the most misunderstood parts of this law is that the enhancement isn’t limited to repeating the same offense. The priors just need to be property crimes where punishment is tied to value. For example, a person with a prior conviction for shoplifting and a prior conviction for larceny could face up to 10 years for a new charge of breach of trust with fraudulent intent under $2,000, which is a completely different offense.
Shoplifting Charges and Convictions
Under SC Code §16-13-111, a first-time shoplifting prosecution (even if you weren’t convicted) or a second-time shoplifting conviction must be reported to the South Carolina Law Enforcement Division (SLED). Your charges and convictions count as a prior criminal record, which a judge or magistrate can take into consideration during sentencing.
Avoiding Immediate and Collateral Consequences
Beyond the sentence itself, a theft conviction (especially a felony) can make it harder to find employment, renew occupational licensure, join the military, or run for public office. A criminal record can even complicate your housing search, with landlords often finding ways around the federal Fair Housing Act to deny you an apartment.
At Bradley Law, we are deeply familiar with the limitations you will face with a criminal conviction. That is why our Anderson, SC, theft charges lawyer provides fierce advocacy for every person who finds themselves on the wrong side of the law.
Contact Our Anderson, SC, Theft Charges Lawyer Today
If you have any prior property crime convictions and you’re now facing a new charge, don’t assume you know how serious it is. South Carolina’s property enhancement statute can turn what looks like a minor case into a felony with life-altering consequences. That is where our Anderson, SC, theft charges attorney can be of assistance: reviewing your record to make you aware of the legal options you have. To get started, contact Bradley Law today online or by phone to schedule your confidential consultation.