Orangeburg County Embezzlement Lawyer
The very nature of embezzlement calls your character into question. If you have been accused of this crime, you need to take action to protect your reputation and avoid extensive jail times and fines. One wise way to counter these charges is hiring a dedicated Orangeburg County embezzlement lawyer. An experienced criminal defense attorney may help you identify the defenses that best fit your unique situation and preserve your future.
Embezzlement and Breach of Trust with Fraudulent Intent in South Carolina
When a person entrusted with another’s property or money uses their position to steal that property, they commit embezzlement. For private parties, South Carolina calls this transgression breach of trust with fraudulent intent and criminalizes it at South Carolina Code of Laws § 16-13-230. When a public official usurps public funds, S.C. Code § 16-13-210 calls the violation embezzlement. (For simplicity, this article will refer to both forms as embezzlement).
This white-collar crime is, in essence, theft. The distinguishing factor from common theft crimes is the unique role held by the perpetrator. As a fiduciary, the offender is someone in who the owner has confidence and granted them access to the property, often with minimal oversight. An embezzler violates this trust for their gain. Criminal defense counsel experienced in this area may partner with defendants to challenge the prosecution’s facts and minimize any adverse consequence.
Long-Term Implications of an Embezzlement Conviction
The punishment for embezzlement depends on the amount stolen and if the suspect acted as a public servant or private individual. Embezzlement by a public employee or official is always a felony under S.C. Code § 16-13-210; in personal business dealings, S.C. Code § 16-13-230 classifies the charge as either a felony or misdemeanor depending on the stolen property’s value..
Public officials face terms of imprisonment up to five years for amounts less than $10,000. If the property misappropriated equals or exceeds $10,000, the sentence increases to up to 10 years behind bars. It is within the court’s power to impose fines, and offenders may have to pay restitution. Additionally, public officials risk disqualification from holding certain State offices.
For private business dealings involving property worth $2,000 or less, defendants face misdemeanor charges carrying 30 days or less of jail time and up to a $1,000 fine. Felony offenses involve more significant amounts, and those convicted may serve up to five years for valuables worth above $2,000 but less than $10,000. Property equal to or over $10,000 may result in imprisonment up to 10 years. For felonies, the court has the power to require fines. Courts are also likely to order repayment of the money or replacement of the goods taken.
These charges are particularly damaging because, in addition to exposing the accused to criminal punishment, allegations alone can cast a shadow on the person’s integrity and have long-term adverse effects on their current and future business opportunities. Lawyers who frequently represent embezzlement suspects understand the severity of these charges, and they work tirelessly to mount a vigorous defense to reach the fairest outcome.
Countering the Evidence Presented by Prosecutors
In addition to disputing the State’s evidence, embezzlement attorneys may help those accused assess other available defenses to determine the applicability to their cases. For example, the defendant may have moved funds or taken other actions innocently or mistakenly (i.e., an accounting error), but not to enrich themselves. These and other explanations for the suspect’s behavior may be enough to convince a judge or jury that they cannot convict.
Assert Your Rights by Retaining a Dedicated Embezzlement Attorney
Embezzlement allegations put not only your freedom at risk but potentially your entire way of life. As Orangeburg County embezzlement lawyers, we routinely handle these cases, so we understand the nuances of the law and the workings of the criminal justice system. However, we always give you the personal attention needed to help you through this challenging period. Schedule a consultation with our legal team today.