Calhoun Falls, SC asked in Criminal Law for South Carolina

Q: in south Carolina in 2011 plead guilty to a 44-53-0420 CDR code 0027. i was thinking in 2011 this was a misdemeanor ?

years ago i asked a lawyer and he also told me it was a misdemeanor. can you verifly in 2011 did i plead guilty to a misdemeanor or a felony >

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1 Lawyer Answer
Ryan D Templeton
Ryan D Templeton
  • Criminal Law Lawyer
  • Summerville, SC
  • Licensed in South Carolina

A: In order to answer this question I would need more information. That particular code section has two different sections. Under the (A) section, depending on the underlying charge that you were convicted of conspiring to commit that could be a felony but the penalty would be one half of the substantive offense. That being said, under the (B) section of that code section it would be a misdemeanor.

SECTION 44-53-420. Attempt and conspiracy; attempt to possess; penalties.

(A) Except as provided in subsection (B), a person who attempts or conspires to commit an offense made unlawful by the provisions of this article, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted; but the fine or imprisonment shall not exceed one half of the punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

(B) A person who attempts to possess a substance made unlawful by the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

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