Embezzlement, often colloquially referred to as a whitecollar crime and Breach of Trust involves the theft of one party’s property or money by another party entrusted with the responsibility of handling the property or money in question. Depending on the amount of property or money involved, the consequences of embezzlement can be quite severe.
If you are facing embezzlement charges, a South Carolina embezzlement lawyer could vigorously advocate on your behalf and work with you to identify possible defenses that may help you achieve a positive resolution to your case. Discuss your case with a proficient federal criminal attorney right away.
The crime of embezzlement in South Carolina is further defined in the South Carolina Code of Laws §16-13-210. According to the statute, there are multiple classifications under which an individual may commit embezzlement in South Carolina.
Under Section 16-13-210 (A) of the South Carolina Code of Laws, it is unlawful for any officer or other person entrusted with the “safekeeping, transfer, and disbursement of public funds to embezzle [said] funds.” This simply means that any party who is entrusted with funds by another party must act in a reasonably expected manner with said funds. If they purposefully do not meet those expectations of trust, they may face allegations of embezzlement.
Regardless of the amount a person embezzled, they may face fines, at the court’s discretion, that are proportional to the total amount of funds embezzled. If the person allegedly embezzled more than $10,000 they may also face ten years in prison. If the amount in question is less than $10,000, the person may face up to five years in prison.
The penalties for embezzlement can be even longer-lasting and consequential than the thousands of dollars in fines and years spent in prison. An experienced and determined South Carolina embezzlement lawyer, however, can strategize and execute an effective defense for those who face these very serious charges.
Embezzlement, as with any charged crime, has an array of possible defenses. Often, those charged with embezzling funds do so unknowingly, and this lack of intent can be essential to an accused party’s efforts in establishing innocence. This process, however, can be difficult, especially for parties that serve in a public role and subject to intensified scrutiny.
Businesses and their employees who face accusations of embezzlement may find themselves answering for a crime they did not commit; rather, an accounting error or an innocent misplacement of funds may demonstrate innocence.
A persuasive and critically-thinking South Carolina embezzlement attorney can be a strong ally in finding the best defenses for those facing these serious charges and may be able to persuade judges and juries to consider all facts and circumstances.
If you are facing a charge of embezzlement, a determined South Carolina embezzlement lawyer can help you work towards an acceptable or desirable resolution. A detail-oriented attorney can work with you to fully investigate the facts surrounding your case to uncover the best possible defenses.