South Carolina Criminal Statute of Limitations Laws 2025 Explained

Most states have legal time limits within which criminal charges can be filed against an individual. Some states define some felony charges within a statute of limitations, and others without a limitation. South Carolina is one of two states that has no statute of limitations for criminal charges. With South Carolina’s criminal statute of limitations laws nonexistent, it’s important for defendants to understand the implications of this.

Statute of Limitations Defined

A statute of limitations is a timeframe following a crime that was committed during which prosecutors may file charges against a defendant. The time window for filing charges is usually defined according to the severity of a crime. Many states maintain no statute of limitations for most sex crimes and violent crimes like murder.

For other crimes, there is usually a schedule that defines the statute of limitations as two years or 10 years after the crime or after the victim’s 18th birthday, for example. When this time expires, whoever did or did not commit the crime is no longer in jeopardy of being charged for that crime. However, there are two states that do not have any statute of limitations on any criminal charges, and South Carolina is one of them.

The Rationale Behind the Lack of South Carolina Criminal Statute of Limitation Laws

The lack of any statute of limitations for any criminal charges in South Carolina criminal defense laws is founded on good reason. Primarily, it is in the interest of the victim, especially those who were victimized in the past and couldn’t come forward or were too young to come forward when the crime occurred.

Another reason is cases that have gone cold. These cases aren’t under active investigation, but they aren’t closed because evidence could still surface that could justify cause to initiate an investigation once again. These cases typically involve the severe types of crimes mentioned above, like murder and kidnapping, for instance.

Not All Cases Will Be Charged and Prosecuted

From 1965 to 2023, there were nearly 20,000 homicides in South Carolina. Of those, over 4,500 cases were left unsolved. Just because there is no statute of limitations doesn’t mean that all criminal defense cases will inevitably be charged and prosecuted. In fact, many are never pursued due to a lack of evidence that is less and less likely to be unearthed over time. Also, witnesses become harder to locate, and fewer details are remembered as time passes.

What to Do if You Have Been Charged with an Old Crime

Old criminal defense cases with new charges can still have positive resolutions. If you have been charged with a crime, no matter how long ago it occurred, you should hire a criminal defense lawyer. Even though South Carolina criminal defense laws don’t include statutes of limitations for criminal charges, you still have constitutional rights. A good South Carolina criminal defense attorney may be able to find a solid defense strategy for your case.

For instance, other laws can potentially be cited in your defense, like unreasonable delay, due process, and other inalienable rights that may be applicable. It never hurts to seek legal advice. Some ways a criminal defense attorney can help your case are below:

• A lawyer can determine whether new or existing evidence is strong enough to hold up in court.
• A lawyer can use their extensive knowledge of criminal defense laws to scrutinize your case, looking for constitutional defenses or a loophole.
• A lawyer knows when and how to request a dismissal of your charges when possible.
• A lawyer can be an advocate for you, negotiating your charges with prosecutors.
• A lawyer can convince the court that proceeding with your case is unjust if they identify a valid reason to believe it is.
• A lawyer understands local criminal defense rules, so you don’t have to.

Hire a Criminal Defense Lawyer

For more than 50 years, Christopher A. Wellborn, P.A., has been defending criminal charges in SC. There aren’t many lawyers who share the level of familiarity with SC criminal defense laws and the reputation in SC courts that our firm does. There is one reason why we have been so successful over the years, and that is that we are good at what we do.

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Hire a Criminal Defense Lawyer to Protect Your Rights

If you committed a crime in the past and either recently were charged or believe you might still be charged, your future could be at stake. Now’s not the time to take any more chances. Contact Christopher A. Wellborn, P.A., for legal advice and criminal defense you can count on.