Criminal defense attorney

Criminal defense attorney, Mitchell Farley doesn’t dabble in all areas law. His entire practice is dedicated to criminal defense and fighting for your rights.

Criminal Defense

CRIMINAL OFFENSES

In South Carolina, criminal offenses are classified into three types: felonies, misdemeanors, and infractions.

Felonies are the most severe and carry a minimum sentence of one year in prison.

Examples include murder, kidnapping, and armed robbery.

Misdemeanors result in fines or short jail terms and include domestic violence 2nd and 3rd, assault, theft, and vandalism.

Infractions are minor offenses like traffic violations and come with fines only.

ALCOHOL OFFENSES

In South Carolina, driving under the influence (DUI) is strictly regulated and various offenses are imposed depending on the severity of the situation.

Driving with a blood alcohol concentration (BAC) exceeding the legal limit is considered a DUI per se. In cases where there is serious injury or repeat offenses, felony DUI applies.

Refusing to take a breathalyzer test also carries its own penalties. It is prohibited to have open alcoholic beverages in a moving vehicle according to open container laws. 

DRUG OFFENSES

Drug offenses in South Carolina are treated differently based on the nature of the action and the type and quantity of the controlled substance involved.

Possessing small amounts of drugs for personal use may be regarded as a misdemeanor, whereas possessing larger quantities that suggest an intent to distribute can result in felony charges.

Drug trafficking, manufacturing, and distribution are felonies with harsher penalties for more dangerous substances like cocaine or heroin.

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