Can Embezzlement Charges Be Negotiated or Settled Out of Court?
If your employer or business partner has accused you of embezzlement, you may be able to negotiate terms privately between yourselves that make the allegation go away. Once an embezzlement charge has been levied against you in court, however, negotiations will be limited to those between your experienced Greenville embezzlement attorney and the state, which can be highly effective but are nothing like settling a civil matter out of court.
Embezzlement
Embezzlement is what is known as a white-collar crime, which the FBI describes as being nonviolent but not victimless. In South Carolina, embezzlement refers to a breach of trust with fraudulent intent, and each of the following elements must apply:
- A fiduciary relationship existed, which means that the victim placed financial trust in the defendant.
- There was an entrustment of assets, which means the victim trusted the defendant with specific assets – such as a bank account.
- There was a conversion of assets, which means that the defendant must have converted the assets that were entrusted to them for their own personal use.
- There was an intent to defraud, which means that the defendant must have intended to permanently deprive the victim of the assets in question.
To bring a successful embezzlement charge, the prosecutor must prove each of these elements.
The Severity of the Charge
While every criminal charge is a serious charge, embezzlement charges become progressively more serious as the value of the asset increases. Consider the following:
- If the value of the property is $2,000 or less, it is a misdemeanor that carries up to 30 days in jail and fines that are left to the court’s discretion.
- If the value of the property is from $2,000 to $10,000, it is a felony that carries up to 5 years in prison and fines that are left to the court’s discretion.
- If the value of the property is $10,000 or more, it is a felony that carries up to 10 years in prison and fines that are left to the court’s discretion.
If the charge is a misdemeanor, your attorney may negotiate an alternative sentencing program as a means of avoiding jail time. Every embezzlement case, however, is unique to the circumstances involved, and fighting the charge in court may be to your advantage. Ultimately, your accomplished embezzlement attorney will help you make the right choices for you – and your future – as your case proceeds.
Discuss Your Case with an Experienced Greenville Embezzlement Defense Attorney Today
The savvy Greenville embezzlement attorneys at Ryan Beasley Law will leave no stone unturned in their focused pursuit of your case’s best possible resolution, including skillfully negotiating with the prosecution – such as getting the charge against you dropped entirely or reduced considerably. The outcome of your case is important to your future, so please reach out and contact us online or call us at 864-679-7777 for more information about what we can do to help you today.