In South Carolina can a shoplifting charge be enhanced on a prior that’s over 10 years old?

Get Legal Help Today

 Secured with SHA-256 Encryption

In South Carolina can a shoplifting charge be enhanced on a prior that’s over 10 years old?

A shoplifting charge has been enhanced to a felony with the warrant stating the person has 2 priors of 6-25-89 and 10-13-2013. Can a prior over 10 years old be used to enhance this to a felony?

Asked on July 30, 2019 under Criminal Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, it can be enhanced to a felony for such older prior offenses; the statute providing for enhancment does not put any limit on how old the priors can be. Look at section in the 16-13-135 page the following link takes you to: https://www.scstatehouse.gov/code/t16c013.php


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption