Penalties for Embezzlement in SC?
Embezzlement refers to the crime of funneling funds that are entrusted to the perpetrator as a matter of their professional position for their own financial benefit, and the penalties for a conviction are considerable, including potential jail or prison time. While embezzlement is a white-collar crime, which means it’s financial rather than violent in nature, this does not alter the fact that it’s a serious crime that carries serious sentencing parameters. If you’re facing an embezzlement charge, it’s time to consult with an experienced Greenville embezzlement defense attorney.
The Charge of Embezzlement
The charge of embezzlement is different from outright theft. When, for example, a bank teller pilfers money from a customer’s wallet, the charge of theft applies. If, however, the same teller funnels funds from the customer’s account into their own, they are likely to face an embezzlement charge. And because the charge involves misusing their position of trust, the legal consequences are stiffer.
The Required Elements of Embezzlement Charges
For the charge of embezzlement to stick, each of the following elements must apply:
- A Fiduciary Relationship or a Relationship Based on Trust – Your position, such as your job or your assignment as a trustee, must have afforded you legal access to the money or property in question, and you must have been entrusted with the duty of protecting the assets on the owner’s behalf.
- Access to Property – Your position must have ensured that you had control over the funds or property in question.
- Misuse of Funds – You must have used or transferred the funds or property you exercised control over in a manner that was not authorized.
- Intent to Defraud – You must have intended to either temporarily or permanently deprive the rightful owner of their funds or property.
Even if you had every intention of returning the money or property in question, the charge of embezzlement can still apply. The unauthorized use of funds entrusted to you – even temporarily – is illegal. If, however, you made an honest mistake or an error in accounting, the act does not qualify as embezzlement.
State Penalties
In South Carolina, a conviction for embezzlement can carry jail or prison time that is based on the overall value involved. Consider the following:
- When the total amount embezzled is less than $2,000, it’s a misdemeanor charge that carries up to 30 days in jail and fines of up to $1,000.
- If the total amount embezzled exceeds $2,000, it’s a felony charge that carries up to 10 years of prison time and a fine that is left to the court’s discretion.
When the embezzlement charge applies to a public official, a conviction can carry up to 10 years in prison along with a requirement for financial restitution.
You Need an Experienced Greenville Embezzlement Defense Lawyer on Your Side
The accomplished legal team at Ryan Beasley Law – proudly serving Greenville, SC – has a wealth of experience successfully guiding challenging cases like yours toward optimal outcomes, and we appreciate the opportunity to also help you. Learn more by contacting us online or calling us at 864-756-4204 today.