Defending a Breach of Trust Charge in South Carolina
Being arrested and charged with embezzlement or breach of trust puts your personal and professional life at stake.
Being convicted for breach of trust or embezzlement can have a lasting impact beyond jail time and any potential fine, effectively ending your career.
Centrally located in Columbia, South Carolina, the experienced criminal defense lawyers at the Strom Law Firm, LLC understand what is at stake. We provide aggressive representation, are familiar with the tactics used by the prosecution to prove their case, and we will fight to protect your rights and your future.
I have been accused with stealing. Why am I being charged with Breach of Trust?
A breach of trust case can arise under a number of circumstances, often in an employment relationship, and can involve the theft of money or equipment, such as a car or laptop .
In these scenarios it is crucial to determine exactly what was taken as it is common for an employer to accuse the employee of taking more than what the employee actually took in the employers attempt to prosecute the employee.
If you are charged with stealing property or things of value from your employer, you must ensure that the charges you are being held accountable for are correct and accurate.
In order to convict you for breach of trust, the state must establish:
- there was a fiduciary relationship (a relationship of trust),
- that you took or failed to return something in violation of that trust, and that
- you intended to defraud the victim.
The possible penalties for a breach of trust in South Carolina depend upon the amount that you are accused of stealing and include:
If the amount is $1,000.00 or less: Upon conviction, you are guilty of a misdemeanor and must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.
More than $1,000.00 less than $5,000.00: Upon conviction, you are guilty of a felony and must be fined in the discretion of the court or imprisoned not more than five years;
If the amount is $5,000.00 or more: Upon conviction, you are guilty of a felony and must be fined in the discretion of the court or imprisoned not more than ten years.
In addition, to any fine or prison term that you are required to serve, a criminal conviction for breach of trust or embezzlement can place your existing, as well as any future, employment at risk necessitating the skills of a criminal defense attorney who will ensure that your rights are protected. Contact the Strom Law Firm today for a free consultation to discuss the facts of your case. We offer flexible payment options and accept Visa and Mastercard.