William G. Yarborough

What must South Carolina prosecutors prove for an embezzlement charge?

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In the professional realms of accounting and business management, the integrity and trust that clients and employers place in individuals are paramount. However, even the most reputable professionals can find themselves accused of embezzlement, a charge that can tarnish reputations and pose serious threats to one’s freedom. For business executives in the Midlands and Upstate regions of South Carolina, a vigorous and sophisticated defense strategy is critical.

Embezzlement under South Carolina law

Embezzlement is a crime in both state and federal law. In South Carolina, it is legally called “breach of trust with fraudulent intent.” This statute outlines the severity of penalties based on the amount embezzled, ranging from misdemeanor to felony charges. However, for a successful conviction, certain elements must be proven by the prosecution:

  • Existence of a fiduciary relationship: There must be a clear relationship where the alleged victim placed their trust in the defendant.
  • Entrustment of assets: The victim must have entrusted their assets to the defendant, such as access to a bank account.
  • Conversion of assets: It must be demonstrated that the defendant converted these assets for personal use, such as spending the client’s money on themselves.
  • Intent to defraud: The defendant must have had the intention to deprive the victim of their assets permanently.

The burden of proof and potential defenses

To convict the defendant, the prosecution must prove each of these elements to the judge or jury beyond a reasonable doubt. If the prosecution fails to prove even one of these elements, their case may not succeed. Thus, the defense might focus on creating doubt of one or two of the elements. Common defenses against embezzlement charges include the absence of a fiduciary relationship between the defendant and the alleged victim, or a lack of intent by the defendant to defraud. Demonstrating that the defendant had no intention to permanently deprive the owner of their assets can be a viable defense.

Seeking legal guidance

If you find yourself facing an embezzlement charge, it is imperative to consult with a defense attorney who can assess the specifics of your case and advise on the best course of action. Understanding your legal options and rights is crucial in protecting your professional reputation and personal freedom.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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