Columbia, SC asked in Criminal Law and Federal Crimes for South Carolina

Q: do you automatically get jail time if you’re a first timer with two felonies? assault 1st degree. burglary 1st degree.

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2 Lawyer Answers
Ryan D Templeton
Ryan D Templeton
Answered
  • Criminal Law Lawyer
  • Summerville, SC
  • Licensed in South Carolina

A: If you are in fact convicted of Burglary 1st degree the minimum sentence is 15 years. That being said depending on the facts your attorney may be able to get a plea to a lesser charge that does not carry minimum jail time.

Stephen Grooms
Stephen Grooms
PREMIUM
Answered
  • Criminal Law Lawyer
  • Myrtle Beach, SC
  • Licensed in South Carolina

A: If you were convicted of Burglary 1st Degree the minimum mandatory sentence is 15 years in prison. The assault charge has no minimum so probation would be possible if convicted on that charge. However just because you are charged doesn't mean you will be convicted, and there is often times a plea offer made for a plea to a lower charge that wouldn't have mandatory minimum prison sentences such as a Burglary 2nd or Burglary 3rd. Depending on the facts and circumstances it is possible a diversion program might be an option, but that decision would be left to the Solicitor through negotiations with your attorney.

I would recommend you consult with an experience criminal defense attorney as soon as you can, you don't want to wait until the last minute on a charge this serious.

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