William G. Yarborough

Embezzlement: What it is and how it’s punished

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Embezzlement can affect any business in which two or more employees handle money, whether it’s a few hundred dollars or a million. It’s important to understand what this crime is under the law in South Carolina.

The meaning of embezzlement

Embezzlement is an advanced form of theft that is more complicated and damaging than a simple theft. It is a breach of fiduciary duty that involves being entrusted with an employer, coworker or customer’s money and misusing it for personal gain.

Embezzlement includes fraud that involves cash, checks and digital currency that varies from transferring money between bank accounts to writing off checks to cover inadequate funds. Embezzlement is connected to various other white-collar crimes such as money laundering, check fraud, wire fraud, breach of data and falsification of documents.

How it is punished by law

Embezzlement is punishable as a misdemeanor or felony under state and federal laws. A crime involving a small sum of money is often classified as a class C misdemeanor, but one that involve a large sum is a felony. A convicted person may be forced by court order to return the stolen money or pay a fine to the victim, which is often two or three times the value of the money. A convicted person can be fined, imprisoned or both depending on severity of the crime.

Why embezzlement is prosecuted seriously

Embezzlement is legally more serious than normal theft, robbery or burglary. It is a theft of money that is also a violation of trust and a betrayal from members of a business or organization who are entrusted with money. The severity of punishment for this crime depends on the amount of money taken and the state’s laws.

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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