Columbia Embezzlement Lawyer
Also known as “breach of trust,” embezzlement of public funds is treated just as severely as many violent crimes in South Carolina, even if the only harm allegedly caused to anyone else was financial in nature. If you are facing allegations of this so-called “white collar” offense, failing to effectively protect your rights by presenting a strong case defense could lead to you facing several years behind bars on top of numerous personal and professional repercussions.
Support from an experienced defense attorney can be crucial to boosting your chances of a favorable resolution to a case of this nature. A knowledgeable Columbia embezzlement lawyer could help you understand how your alleged actions led to this specific charge, collect exculpatory evidence for your defense, and work diligently to minimize the impact that this accusation has on your future prospects.
The Consequences of Embezzlement in Columbia
Embezzlement occurs when someone with responsibility over certain public funds or private assets owned by their employer takes some amount of those assets for their own personal gain without permission or authority to do so. “Responsibility” over funds in this context can take a number of forms, ranging from someone holding the position of accountant with their employer to someone charged with depositing a check on someone else’s behalf.
Under South Carolina Code of Laws §16-13-210, embezzlement is a felony-level offense regardless of the monetary value of assets allegedly taken by the defendant, and one which almost always results in substantial fines upon conviction meant to reimburse impacted parties. Embezzlement of less than $10,000 is also punishable by a prison sentence of up to five years upon conviction, while embezzlement of $10,000 or more could lead to a maximum ten-year sentence. Anyone convicted of any form of embezzlement in South Carolina is also forever prohibited from holding “any office of honor or emolument” in the state, unless they repay the principal sum taken plus interest and the General Assembly votes by a two-thirds majority to remove this restriction.
It is worth noting that, as per S.C. Code §16-13-220, a court may infer that someone has committed criminal embezzlement based on evidence that said individual received public funds and subsequently failed to account for them as required by law, even if that failure was inadvertent and not intended for personal gain. A Columbia embezzlement attorney could provide further context for embezzlement charges during a private initial consultation.
Contesting Embezzlement Allegations
As with many other “white collar” offenses, proving that a defendant intentionally and knowingly embezzled funds is a key component for the prosecution if they want to secure a conviction. With that in mind, many defense strategies for embezzlement charges revolve around disproving one or more definitional elements of the offense—for example, showing that a defendant did not misappropriate funds for their own benefit, or that their misappropriation was accidental rather than malicious.
In other cases, entrapment may be a valid strategy. This would involve arguing that a defendant would not have committed embezzlement but for unnatural pressure to do so from law enforcement authorities looking to manufacture a crime. A knowledgeable defense lawyer could discuss specific options for fighting embezzlement charges in Columbia on a case-by-case basis.
Seek Help from a Columbia Embezzlement Attorney Today
Embezzling someone else’s money or assets can result in life-altering penalties even if you have no criminal record. Even worse, the reputational damage that a mere accusation of embezzlement could cause is sometimes even worse than potential or actual criminal sanctions.
Needless to say, seeking representation from a Columbia embezzlement lawyer should be a priority for anyone accused of committing this particular “white collar” offense. A seasoned attorney could work with you to build a robust defense against your charges and mitigate the effect of these accusations on your life. Contact us today to schedule a free consultation.