Is assault of a high and aggravated nature a felony?

Asked over 1 year ago - Lexington, SC

Convicted in 2008 for assault of a high and aggravated nature in South Carolina. At time told it was an unclassified common law crime and not a felony and it would not effect my job ability. Now looking for a new job and came back on record as an unclassified felony. How can I find out if this is correct or not as there is no actual state statute on this conviction and is it a felony?

Additional information

Received a copy of report from agency doing background check, they have it listed as an unclassified felony. Pulled SLED record and it just states unclassified. Convicted on state level not federal level. If I was not convicted on federal level they should not treat it as such, correct?

Attorney answers (2)

  1. David F Stoddard

    Pro

    Contributor Level 13

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    Answered . In 2008 it was a common law crime, making it an unclassified misdemeanor under state law. Federal law defines a felony as any crime for which you can recieve a sentence for over one year. Thus, under federal law it is a felony.

    How it affects your employment depends on the employer. If the employer considers only misdemeanots, the employer should not considr it. If the emolyer considers any criminal convictin, the employer will consider it.

  2. Dale Martin Savage

    Contributor Level 13

    2

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    Answered . Mr. Stoddard is right, at that time it was a 0-10 yr. state misdeanor but under federal law it could bd classed as a felony and often is unfortunately.

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