When Petty Theft Becomes Serious: Prior Convictions in South Carolina
Shoplifting might seem like a minor charge at first, but if you’ve got prior convictions, things get serious quickly in South Carolina. Having a record can significantly affect how the court handles your case, especially in places like Columbia where local courts consider past offenses more carefully. Let’s break down how prior convictions turn a simple theft charge into something much more complicated.
What Happens When You Have Prior Theft Convictions?
In South Carolina, the law distinguishes between those with and without prior theft convictions. For someone without priors, a petty theft charge—anything under $2,000—typically results in a misdemeanor. The penalties are generally lighter, with options for first offender programs that help avoid jail time, and bond amounts tend to be reasonable. Prosecutors in these cases are often more lenient, especially if the theft value is low and it’s a first offense.
However, if you have previous theft convictions, the game changes. You may face mandatory jail time even for a minor offense. The misdemeanor could be upgraded to a felony, depending on the circumstances, and the court will likely impose higher bond amounts. Prosecutors also become much stricter, and your chances of accessing diversion programs, like Pretrial Intervention (PTI), decrease. The more prior convictions you have, the more limited your legal options become.
How Do Courts View Prior Convictions in Columbia?
If you’re wondering how your criminal history will affect your current case, the court considers several factors. One of the most important aspects is the number of prior thefts on your record. A single past conviction might not carry as much weight as multiple convictions spread over several years. The court also looks at the age of your prior offenses. For example, a 10-year-old conviction might not impact your current case as much as a more recent one.
The value of the previous thefts also matters. If your past thefts involved small amounts, you might receive a lighter sentence than if your prior crimes involved significant losses. Finally, the court will assess the time between offenses. A long gap between thefts could indicate rehabilitation, while back-to-back convictions suggest a pattern that could result in harsher penalties.
What Penalties Could You Be Facing?
The penalties for theft in South Carolina vary greatly depending on your criminal record. If it’s your first offense, you’re looking at a maximum of 30 days in jail, lower fines, and eligibility for programs that could keep you out of jail altogether. Many first-time offenders in Columbia can enter programs like PTI or drug treatment programs, especially if the crime is tied to addiction or mental health issues.
But if you’ve got priors, things escalate. Mandatory minimum sentences may come into play, meaning you’ll face increased jail time and higher fines. Courts will also likely require you to complete a treatment program or serve supervised probation, which means regular check-ins and following strict conditions.
Why Does Columbia Handle These Cases Differently?
In the Columbia area, courts pay close attention to where your prior convictions occurred and whether you’ve complied with any past probation or treatment requirements. If you’ve been banned from local stores or failed to pay restitution for a previous conviction, that will work against you in court. Judges also look at whether you’ve completed court-ordered treatment programs or whether you’ve violated any terms of your probation in the past.
Because Columbia is home to both small local businesses and larger retailers, theft cases are taken seriously, especially when repeat offenders are involved. The courts will scrutinize your history and may take into account whether you’ve made any efforts to change your behavior, such as seeking treatment or paying back restitution.
What Defense Strategies Can You Use?
Just because you have prior convictions doesn’t mean your current case is a lost cause. There are several defense strategies that can help:
- Challenge Prior Records: Sometimes, prior convictions can be challenged, particularly if there were issues with how they were handled. If the record of your prior offense is incomplete or incorrect, your attorney may be able to use that to your advantage.
- Question the Value of the Theft: The value of the stolen property is critical in determining the charge. If you can dispute the valuation of the goods, you may be able to reduce the charge to a lower level offense.
- Seek Treatment Options: If your theft charges stem from addiction or mental health issues, the court may allow you to enter a treatment program instead of serving time.
- Negotiate Alternatives: With the right legal representation, you might be able to negotiate a plea deal that avoids jail time altogether, focusing instead on restitution or community service.
- Address Underlying Issues: If you can show that you’ve taken steps to address the issues that led to your prior convictions, such as attending rehab or counseling, the court may take that into consideration when determining your sentence.
How Should You Prepare if You Have Prior Convictions?
If you’re facing theft charges and you’ve got a record, the first thing you should do is get legal help. The earlier you involve an attorney, the better your chances are of building a strong defense. Gather all the information about your prior cases, including records of restitution payments or probation compliance. If you’ve undergone treatment or taken steps to improve your circumstances, make sure you have documentation to back that up.
Another critical step is to preserve any evidence related to your current case. Whether it’s surveillance footage, receipts, or witness statements, this evidence could play a key role in your defense.
Don’t Let Prior Convictions Haunt You—Take Action Now!
Having prior theft convictions can make your current case feel overwhelming, but it doesn’t have to be the end of the road. With the right defense strategy, you can minimize the impact of your record and fight for the best possible outcome. At Thompson & Hiller Defense Firm, we know how Columbia courts handle these cases and are ready to stand by your side. Contact us today to get started—because when your future’s on the line, every step matters.