How Does Embezzlement Differ from Other Types of Theft or Fraud?
While all charges related to theft, fraud, and embezzlement are serious charges, they differ from one another in specific ways, and better understanding the distinctions can help you better understand the case against you. If you are facing an embezzlement charge, the stakes are especially high. Fortunately, however, working closely with an experienced Greenville embezzlement attorney from the start can make a serious difference in the outcome of your case.
Theft Charges
In South Carolina, theft charges relate to taking something that belongs to someone else without their permission and with the intention of never giving it back. The level of the charge is based on the value of the stolen property. While fraud and embezzlement are considered forms of theft, these charges go well beyond this classification.
Fraud
Embezzlement in South Carolina relates to a breach of trust with fraudulent intent, which means fraud is involved – but it takes things a step further. Both fraud and embezzlement are white collar crimes, which means they aren’t violent offenses, but as the FBI points out, they’re not victimless crimes. Fraud refers to intentionally deceiving someone else for the purpose of gaining an unfair or unlawful advantage over them.
Fraud charges are sometimes civil, which means criminal penalties like jail time don’t apply. Examples include inducing someone else to enter a contract via fraudulent means. To bring a successful civil fraud case, the individual pursuing it must prove that they experienced legal damages, such as financial loss, but this is not true of criminal cases.
When the state brings the fraud charge, it’s criminal, which means a conviction translates to a criminal record and can carry fines and jail time.
Embezzlement
The crime of embezzlement has specific elements that must be present, and unless the matter is resolved before the victim takes the matter to the authorities, the charge is always criminal. The required elements include all the following:
- There is a fiduciary – or financial – relationship, and the defendant held a position of financial trust in relation to the victim.
- The defendant was entrusted with assets that didn’t belong to them by the victim.
- The defendant converted some or all of those assets for their own personal gain.
- The defendant intended to permanently defraud the victim of the assets in question.
While theft doesn’t require the element of fraud, embezzlement does. Intent, however, is a required element of all three charges – theft, fraud, and embezzlement.
Seek the Skilled Legal Guidance of an Experienced Greenville Embezzlement Attorney Today
The knowledgeable embezzlement attorneys at Ryan Beasley Law – proudly serving Greenville, South Carolina – have a wealth of experience successfully defending the rights of clients facing embezzlement and related charges, and we welcome the opportunity to also serve you. Because a conviction can derail your future, you shouldn’t wait to reach out by contacting us online or calling us at 864-679-7777 for more information about what we can do to help you today.