Over 1000 Clients Represented
You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
“Mr. Crangle did a great job in handling my legal issue. Quick, polite, easy to work with, and affordable. Definitely would recommend!”
Vincent D“100% recommend John for any ongoing case. He got my case dismissed. Best criminal defense in the upstate.”
Johnathan MWhat is Embezzlement in South Carolina?
In South Carolina, embezzlement cases generally fall under S.C. Code § 16-13-230, known as “Breach of Trust with Fraudulent Intent.” This law covers any situation where you lawfully have property and convert it for your own benefit with fraudulent intent.
A related statute, S.C. Code § 16-13-210, targets the embezzlement of public funds by government officers responsible for safekeeping, transferring, and disbursing public money. Charges under this statute carry severe consequences, including disqualification from holding any state office upon conviction.
To prosecute, authorities must prove several elements: property was entrusted to you, you had lawful access, you misused or converted it, and you did so intending to defraud the rightful owner. This intent is often the most disputed aspect. Mistakes in bookkeeping, miscommunications about expenses, or loans planned for repayment differ factually from intentional theft, despite similar financial outcomes.
Embezzlement can involve cash, checks, wire transfers, company property, or any asset over which you had fiduciary or custodial responsibility. Common scenarios include employees skimming cash from registers, bookkeepers diverting payments, nonprofit managers misusing funds, and business partners redirecting company revenue. Understanding the nuances between different types of embezzlement is crucial in crafting a defense. South Carolina courts take into account the nature of the relationship between the accused and the alleged victim, often scrutinizing the contractual obligations and expectations inherent in that relationship.
Penalties for Embezzlement in Greenville, SC
In South Carolina, embezzlement penalties hinge on the property’s value involved.
Amounts of $2,000 or less classify the charge as a misdemeanor, triable in magistrate’s court. Convictions can lead to fines up to $1,000 or imprisonment up to 30 days.
Exceeding $2,000 elevates the charge to a felony in the Court of General Sessions. A felony conviction under § 16-13-230 can lead to imprisonment up to ten years, with fines set by the court based on the amount involved.
For public funds embezzled under § 16-13-210, penalties depend on the amount. If less than $10,000, a conviction carries up to five years in prison. Amounts of $10,000 or more mean a maximum sentence of ten years. Convicted public officials are disqualified from holding office in South Carolina unless the General Assembly restores the right by a two-thirds vote after complete repayment of principal and interest.
Beyond criminal penalties, courts usually order restitution. You must repay the full amount taken and possibly any related damages. Federal embezzlement charges may arise if your employer was a federally regulated institution or involved federal funds. Additionally, the South Carolina Sentencing Guidelines may influence the severity of your sentence, taking into account factors like prior criminal history and the specific circumstances of the offense.
How Embezzlement Cases Are Prosecuted in Greenville County
In Greenville County, embezzlement investigations often start internally. Employers may notice discrepancies, auditors might flag irregularities, or a co-worker could report suspicions. In many situations, companies have conducted their investigations and gathered evidence before law enforcement gets involved.
Once the Greenville County Sheriff’s Department or state agencies like SLED are notified, investigators typically have access to bank records, transaction logs, internal accounting files, email communications, and surveillance footage. The paper trail in these cases tends to be extensive.
The 13th Judicial Circuit Solicitor’s Office prosecutes felony embezzlement cases in General Sessions Court. Prosecutors frequently work alongside forensic accountants to trace funds and determine total losses. The value of the stolen amount is crucial in defining whether the charge remains a misdemeanor or escalates to a felony and in determining sentencing severity.
In cases involving public officials or government employees, the State Attorney General’s Office may participate. Connected offenses such as Forgery / Counterfeiting, Money Laundering, or Tax Fraud / Tax Evasion can be added to the indictment.
Courts take breaches of trust seriously. Judges in Greenville County General Sessions Court may impose incarceration for embezzlement cases, even for defendants with no prior record, especially if the amount is significant, if the scheme was ongoing, or if a vulnerable entity like a nonprofit, church, or small business was targeted. Early legal intervention is critical to protect non-incarceration options. Pre-trial intervention programs may be available for first-time offenders, offering an alternative to traditional prosecution, emphasizing rehabilitation and restitution.
Defense Strategies for Embezzlement
Defenses against embezzlement focus on challenging elements the prosecution must prove beyond a reasonable doubt.
Questioning intent is often pivotal. If you prove a transaction was authorized, was a loan or advance intended for repayment, or was a clerical or accounting error instead of deliberate theft, you weaken the “fraudulent intent” component. Documentation, emails, text messages, and colleague testimony can all support this defense.
Disputing the amount involved can be strategically important. If prosecution calculations include amounts that were authorized, repaid, or linked to others, effectively reducing the total can downgrade the charge from a felony to a misdemeanor, dramatically altering the outcome.
Scrutinizing the investigation can be productive. Were accounting records seized lawfully? Were digital devices captured properly? Were there lapses in document custody?
With multiple employees having access to funds, mistaken identity or shared access defenses might apply. The prosecution must specifically prove you took the money, not just that funds vanished during your employment.
Restitution negotiations can lead to favorable resolutions, particularly for first-time offenders or when the total amount is relatively small. Proactive repayment before trial can influence charges and sentencing, and engaging early with a criminal defense attorney can help navigate these negotiations effectively. It’s important to consult a lawyer familiar with South Carolina’s specific legal nuances, as they can guide you through potential plea deals, minimizing long-term impacts on your life.
Why You Need an Embezzlement Lawyer in Greenville
Embezzlement is seen as a crime of dishonesty. Besides prison and fines, a conviction damages your professional reputation long after sentencing. If you work in finance, healthcare, law, education, government, or any licensed profession, a fraud or breach-of-trust conviction typically disqualifies you from future opportunities in the same field.
Given the complexity of financial evidence in these cases, you need someone experienced in forensic accounting, challenging transaction records, and presenting your financial story persuasively to a jury or judge.
John Crangle is a Greenville Criminal Defense Lawyer with a history of defending white-collar cases across Greenville County and the 13th Judicial Circuit. He understands the full spectrum of consequences at stake and crafts defense strategies that address the employment, licensing, and reputational aspects of embezzlement charges.
If you’re also facing related Fraud or Credit Card Fraud charges, John can consolidate these issues into a coordinated defense.
Don’t wait for your situation to worsen. Contact John Crangle now for a confidential consultation about your embezzlement case in Greenville.