Charleston, SC asked in Criminal Law and DUI / DWI for South Carolina

Q: In South Carolina, what is the usual sentence for a conviction of throwing of bodily fluids?

A 25yo white male pulled over for wreckless driving, refuses a breath test and is arrested for DUI... Said offender spits on the officer during the arrest and is charged with 24-13-470 -throwing bodily fluids, 56-05-2930 - dui 1st refuse test, 44-53-0370 - possession of marijuana, and 16-11-520(B)(3) - malicious injury to property.

With 24-13-470 being a felony, is there a mandatory minimum sentence for this?

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1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: Throwing bodily fluids is a felony with a maximum penalty of five years imprisonment and a $5,000 fine. DUI 1st offense refusal is a misdemeanor with potential penalties including a fine up to $400, imprisonment up to 30 days, and a one-year driver's license suspension.

Possession of marijuana is a misdemeanor with potential penalties of a fine of up to $200 and imprisonment of up to 30 days. Malicious injury to property is a misdemeanor with penalties of up to a $1,000 fine and imprisonment for up to one year, depending on the damage caused.

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