William G. Yarborough

Is there a difference among fraud, embezzlement, and theft?

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“Taking money without permission” might serve as a general description of various criminal activities. Theft might be the South Carolina crime that comes to people’s minds first when discussing “stealing money,” but embezzlement involves taking the same illegal action. And then there’s fraud, another crime that entails separating people from their money under dubious circumstances. Specific differences exist between these three crimes, and the differences are worth examining.

Understanding the variances of three crimes

Theft refers to stealing someone else’s property to deprive that individual of the property permanently. A burglar who breaks into a home or business to remove and illegally resell consumer electronics commits theft. So does a shoplifter who takes someone out of a store, including items of little monetary value. Of course, the penalties for stealing something worth less than $5 would not be as severe as the sanctions for stealing something valued at $5,000.

Embezzlement also focuses on taking someone’s property or money with no intention of returning anything. However, embezzlement-related crimes could be far more sophisticated. Embezzlement crimes typically occur in a business setting and involve someone diverting the company’s money for personal gain.

Fraud commonly involves fooling a victim into handing over money. For example, a mail-order business that never intends to deliver any goods or services may commit fraud. Knowingly selling someone something that does not work as promised could be another form of fraud.

The criminal penalties might be harsh

Petty theft and shoplifting won’t likely lead to a long prison sentence, but those convicted of these crimes may end up with a permanent record. Embezzlers and fraudsters could look at significant prison time for their actions, though.

Persons convicted of federal fraud or embezzlement charges may face worse sanctions. Defendants might rely heavily on an attorney for a plea deal when dealing with federal or state charges.

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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