What is a breach of trust?
Breach of Trust Attorney in Horry County
A breach of trust is when a person is entrusted with something for the benefit of another, and they breach that trust by using the entrusted item or money for their own benefit. For example, an accountant who is entrusted with receiving payments from clients on the behalf of business who instead of depositing the money in the business account, takes the money for their own use has committed a breach of trust.
Breach of Trust is against the law in South Carolina, and depending on the value involved in the alleged crime an individual can be charged with either a misdemeanor or a felony charge under SC 16-13-230 . If the amount is $2,000.00 or less then the proper charge is misdemeanor. However even if the amount in question is less than $2,000.00 if you have two prior property crime convictions then you can be charged with a 10 year felony under the proper crimes enhancement statute. SC 16-1-57 If the amount is greater than $2,000.00 but less than $10,000.00 then the proper chare is a 5 year felony. If the amount is $10,000.00 or more then the proper charge is a 10 year felony. These potential sentencing ranges are considered “non-violent” time which will affect the amount of time a person would serve until they become parole eligible.
This is a serious charge, and the amount of value involved could mean serious punishment if convicted. However, this charge is often dismissed or nol prossed due to a lack of criminal intent, just because someone made a bad business decision doesn’t mean they committed a crime. These are very fact specific cases, and often times people are charged incorrectly or without the evidence necessary to obtain a conviction.
If you have been charged or are being investigated in relation to a Breach of Trust my advice is that you consult an experienced criminal defense attorney in your area in order to know your options. It may be in your best interest to cooperate and clear up an honest mistake, but it may also be in your best interest to remain silent and allow your attorney to communicate for you. Having a consult with an experienced criminal defense attorney can help you make an educated decision on how to respond or proceed.
If you have questions about a Breach of Trust please call my office today and I will be glad to arrange a time to speak with you about your options. You do not have to go through this alone.
